Citations
- 54 F. Supp. 2d 451
Full opinion text
MEMORANDUM AND ORDER
JOYNER, District Judge.
This is a civil action brought by Plaintiff, Steven Harrison Smith (“Smith”) against Defendant Social Security Administration (“SSA”). Before the Court is SSA’s motion to dismiss the plaintiffs Complaint pursuant to Federal Rules 12(b)(1) and/or 12(b)(6) of Civil Procedure. For the following reasons, the 12(b)(1) motion shall be granted, and the complaint is dismissed without prejudice.
Factual Background
Smith’s claims arise out of SSA’s decision to deny his social security disability benefits. Smith filed his complaint on May 19, 1997. It states that Smith needs a lawyer to commence proceedings against SSA. On a cases management track designation form, Smith apparently circled and checked the Social Security slot which includes cases requesting review of a decision of the Secretary of Health and Human Services to deny Plaintiff social security benefits. On December 8, 1997, Plaintiff filed an amendment to his complaint. Plaintiff alleged that he did not receive until December 5, 1997 numerous letters from the Bureau of Disability Determination notifying him of his required medical examination on November 6, 1997. These letters, dated October 17, October 18, October 30, November 20, and November 27, 1997, inform Plaintiff that his failure to provide the required medical evidence documenting his impairment and his subsequent failure to appear at the appointed medical examination may result in the denial of his claim.
Discussion
I. Rule 12(b)(1) Standard
Dismissal is proper under Rule 12(b)(1) only when the claim “appears to be immaterial and made solely for the purpose of obtaining jurisdiction or is wholly insubstantial or frivolous ... When subject matter jurisdiction is challenged under Rule 12(b)(1), the plaintiff must bear the burden of persuasion.” Kehr Packages, Inc. v. Fidelcor, Inc., 926 F.2d 1406, 1408-09 (3rd Cir.1991). See also Oneida Indian Nation v. County of Oneida, 414 U.S. 661, 666, 94 S.Ct. 772, 776, 39 L.Ed.2d 73 (1974).
When a party attacks the factual allegations of jurisdiction, the courts are not limited in their review to the allegations of the complaint. Sitkoff v. BMW of North America, Inc., 846 F.Supp. 380, 383 (E.D.Pa.1994) citing Moore’s Federal Practice (Second Ed.) at <£-¶ 12.