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KLEMM v. ASTRUE

No. 06-16981.

543 F.3d 1139 (2008)

Thomas KLEMM, Plaintiff-Appellant, v. Michael J. ASTRUE, Commissioner of Social Security Administration, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 16, 2008.

Attorney(s) appearing for the Case

Ian M. Sammis, San Rafael, CA, for the plaintiff-appellant.

Deborah Lee Stachel, Special Assistant United States Attorney, San Francisco, CA, for the defendant-appellee.

Before: A. WALLACE TASHIMA, M. MARGARET McKEOWN, and RONALD M. GOULD, Circuit Judges.

TASHIMA, Circuit Judge:

Appellee Commissioner of the Social Security Administration ("Commissioner") denied Appellant Thomas Klemm's motion to reopen an application for Disability Insurance Benefits ("DIB") under Title II of the Social Security Act. Klemm subsequently filed a complaint with the District Court, which the District Court dismissed for lack of subject matter jurisdiction. On appeal, we confront two jurisdictional...

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