Roderick del Rosario v. Commissioner of Social Security
Opinion
trial_court Opinion
1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 RODERICK DEL ROSARIO, Case No. 18-cv-07197-DMR
7 Plaintiff, ORDER ON DEFENDANT'S MOTION 8 v. FOR SUMMARY JUDGMENT
9 NANCY A. BERRYHILL, Re: Dkt. No. 16
10 Acting Commissioner of Social Security,
11 Defendant.
12 Plaintiff Roderick Del Rosario brought this action seeking judicial review of a decision by 13 the Social Security Administration (“SSA”) denying his claim for supplemental security income 14 benefits under Titles II and XVI of the Social Security Act, 42 U.S.C. § 405(g). [Docket No. 1 15 (Compl.).] Defendant Andrew Saul,1 Commissioner of Social Security, now moves pursuant to 16 Federal Rule of Civil Procedure 12(b)(6) to dismiss Plaintiff’s complaint on the basis that it was 17 untimely filed. [Docket Nos. 16 (“Mot.”); 18.] On June 19, 2019, the court notified the parties that 18 it would convert Defendant’s motion to dismiss into a motion for summary judgment on the issue 19 of timeliness and ordered Plaintiff to file supplemental…