Davidson

INTRODUCTION

16 In this action seeking judicial review of an agency decision denying plaintiff’s claim for 17 Social Security disability benefits, defendant moves to dismiss. Because plaintiff’s complaint is 18 untimely, defendant’s motion is GRANTED. 19

STATEMENT

20 In March 2016, plaintiff Jack Davidson went to the Social Security Administration (“SSA”) 21 to file for disability insurance benefits and supplemental security income. The SSA denied 22 plaintiff’s claims, so plaintiff requested a hearing. After the hearing, an administrative law judge 23 found that plaintiff did not quality as “disabled” under Sections 216(i), 223(d), and 24 1614(a)(3)(A) of the Social Security Act. Plaintiff requested review of the decision from SSA’s 25 Appeals Council, which denied the request for review. On August 8, 2019, the SSA sent 26 plaintiff a letter explaining that his request for review had been denied and that if he wanted to 27 file a civil action challenging the decision, he had 60 days to do so. It also explained that the 60 1 days would begin upon plaintiff’s receipt of the letter, presumed to be five days after August 8. 2 Plaintiff’s counsel apparently received the…