Montano

Montano v. Kijakazi

Good Law
United States District Court, Northern District of CaliforniaSeptember 30, 20223:20-cv-05511California693 words

Opinion

Trial Court Opinion

1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 4 NANCY MONTANO, Case No. 20-cv-05511-AGT

Plaintiff,

ORDER ON MOTION FOR SUMMARY

v. JUDGMENT AND CROSS-MOTION

FOR REMAND

KILOLO KIJAKAZI, Re: Dkt. Nos. 20, 33 Defendant.

10 On June 30, 2017, following a continuing disability review, the Social Security Administration (SSA) informed Nancy Montano that she was no longer entitled to benefits. Montano requested reconsideration of the SSA’s decision on November 14, 2017, and her request was denied on July 6, 2018. Montano maintains that she was not afforded adequate notice of the reconsideration denial for a variety of reasons (including because the SSA sent it to an outdated address), and despite her attempts to file her hearing request, it was not formally notated until November 6, 2019. On January 28, 2020, the ALJ dismissed Montano’s hearing request as untimely, finding that she had not shown good cause for missing the 60-day deadline to request a hearing. On June 17, 2020, the Appeals…

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