Lynn v. Social Security Administration

Filing 16

ORDER granting 12 Motion to Dismiss a portion of Lynn's complaint. Lynn's claims for supplemental security income payments is dismissed. Her claim for disability insurance benefits is properly before the Court, and she may proceed with that claim. Signed by Magistrate Judge Patricia S. Harris on 1/26/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION

DEBRA LYNN, on behalf of Kerry Lynn

v.

PLAINTIFF

NO. 3:16-cv-00313 PSH

NANCY A. BERRYHILL, Acting Commissioner
of the Social Security Administration

DEFENDANT

ORDER

Plaintiff Debra Lynn, on behalf of Kerry Lynn, (“Lynn”) commenced the case at bar
by filing a complaint pursuant to 42 U.S.C. 405(g). In the complaint, she sought judicial
review of the denial of her claims for disability insurance benefits and supplemental
security income payments.
The Acting Commissioner of the Social Security Administration (“Commissioner”)
has now filed the pending motion to dismiss a portion of Lynn’s complaint. See Document
12. In the motion, the Commissioner asks that Lynn’s claim for supplemental security
income payments be dismissed because the Court does not have jurisdiction of the claim.
“The Commissioner does not argue that [Lynn’s] action for [disability insurance benefits]
is properly before the Court.” See Document 12 at CM/ECF 2. Lynn does not oppose the
Commissioner’s motion.

For good cause shown, the Commissioner’s motion to dismiss a portion of Lynn’s
complaint is granted. Lynn’s claim for supplemental security income payments is
dismissed. Her claim for disability insurance benefits is properly before the Court, and
she may proceed with that claim.
IT IS SO ORDERED this 26th day of January, 2017.

UNITED STATES MAGISTRATE JUDGE

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