Ramirez

I. FACTUAL BACKGROUND

1 The following discussion of the facts is based on Plaintiff’s complaint and the facts set 2 forth in the Parties’ submissions in connection with SSA’s motion to dismiss. Plaintiff alleges that 3 on or about January 1, 1968, shortly after his birth, his parents applied for Social Security benefits 4 based on Plaintiff’s vision disability at birth. Complaint at PDF p. 10. According to Plaintiff, 5 SSA “continue[s] to negligently and willfully deny back benefits still owed to plaintiff.” Id. 6 Plaintiff alleges that his parents, now deceased, “apparently did not know how to proceed to 7 enforce disability benefits at that time (1968) and received no guidance from the Department of 8 Health and Human Services – Social Security office at San Jose, California.” Id. Plaintiff asserts 9 causes of action for “Breach if (sic) Financial Duty to pay Social Security Benefits” and 10 “Intentional Infliction of emotional and mental distress by willfully refusing to fulfil (sic) past 11 benefits still owed to plaintiff, proximately causing unnecessary life hardships spanning lifetime.” 12 Id. ¶ 10. Plaintiff seeks general and exemplary damages. Id. at PDF p. 9;…