Qian C. v. Comm'r of Soc. Sec.

• Court: United States District Courts. 9th Circuit. United States District Court (Western District of Washington)
• Parties: QIAN C., Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
• Docket Number: C22-1032-DGE
• Decision Date: 29 August 2022

QIAN C., Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

No. C22-1032-DGE

United States District Court, W.D. Washington, Tacoma

August 29, 2022

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS

David G. Estudillo, United States District Judge

This matter is before the Court on Defendant's motion to dismiss for failure to state a claim upon which relief can be granted. (Dkt. 4). Defendant contends that because Plaintiff failed to exhaust the remedies set forth in the Social Security Act (“the Act”) prior to filing his complaint, and because he identified the wrong defendant in the complaint, Plaintiff cannot seek this Court's review of his complaint. (Id.)

After considering the record, the Court concludes Plaintiff did not exhaust the remedies set forth in the Act and is thus unable to invoke this Court's review of his complaint. Accordingly, the Court GRANTS Defendant's motion to dismiss.

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I. FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff is a recipient of Supplemental Security Income (“SSI”) benefits under the Act. (See Dkt. Nos. 4, 5.) Between June 2017 and December 2018, Plaintiff received an overpayment of his SSI benefits because Plaintiff's resources exceeded the $2,000 statutory limit and he was absent from the United States for more than one full calendar month in late 2017. (See Dkt. No. 4-3 at 1; 20 C.F.R. §§ 416.120, 416.215.) To partially recover this initial overpayment, Defendant recouped 10 percent of Plaintiff's monthly benefits from his November 2020 to June 2020 payments. (Dkt. Nos. 4 at 3; 5 at 2.) In response, Plaintiff submitted a waiver request on November 30, 2020, which, if approved, would relieve him of his obligation to repay the overpayment. (Id.; 20 C.F.R. § 416.551.)

On March 3, 2022, Plaintiff filed a pro se small claim against the “Social Security Office of Bellevue” in King County District Court of Washington, alleging “Fraudulent deduction of S.S.I. benefits.” (Dkt. No. 1-1 at 2.)^[1] Plaintiff's complaint was then removed from state court to this Court. (Dkt. No. 1.) Plaintiff's waiver request was eventually denied on June 21, 2022. (Dkt. Nos. 4 at 3; 5 at 2.)

On July 28, 2022, Defendant filed a motion to dismiss Plaintiff's complaint for failure to state a claim upon which relief can be granted. (Dkt. No. 4.) Defendant contends that because Plaintiff failed to exhaust his remedies prior to filing his complaint, and because he identified the wrong defendant in the complaint, the Court should dismiss the case pursuant to Federal Rule of

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Civil Procedure 12(b)(6). (Id.) Plaintiff filed no response to Defendant's motion, which was noted for consideration on August 19, 2022. (Id. at 1.)

II. DISCUSSION

A plaintiff seeking a judicial review of the denial of his or her benefits under the...