Lee v. Commissioner of Social Security

Good Law
United States District Court, Northern District of CaliforniaJune 3, 20225:21-cv-03883California2,443 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 CATHRINE R LEE, Case No. 21-cv-03883-VKD

Plaintiff,

ORDER DENYING IN PART AND

v. GRANTING IN PART MOTION TO

DISMISS WITH LEAVE TO AMEND

KILOLO KIJAKAZI, Re: Dkt. No. 19 Defendant.

13 On May 24, 2021, plaintiff Cathrine Lee filed this action in federal court. Dkt. No. 1. She alleges that the Commissioner repeatedly has failed to respond to her requests for reinstatement of her disability benefits while she seeks reconsideration of the Commissioner’s decision denying her benefits. Id. at 1. Ms. Lee appends to her complaint copies of three different requests for reconsideration. Id. at 3–7. On July 2, 2021, she also filed a letter asserting that she did not receive a “Goldberg Kelly” notice pursuant to Social Security Administration policy. See Dkt. No. 8 at 1, 3; see SI 2301.301 (“Overview of Goldberg/Kelly Processing”); SI 0201.310 (“Appeal and the Right to Goldberg Kelly (GK) Payment…

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