Casalvera v. Commissioner of Social Security

OPINION

LONGOBARDI, Senior District Judge.

Plaintiff Samuel Casalvera brought this action pursuant to 42 U.S.C. § 405(g), for review of a decision by the Commissioner of the Social Security Administration (“Commissioner”) denying his application for retirement insurance benefits. The Commissioner found that plaintiffs benefits were properly suspended pursuant to 20 C.F.R. § 404.468(a), because of plaintiffs incarceration for a felony conviction. (R. 12-15). The Commissioner also found that the suspension of plaintiffs benefits was not unconstitutional. Id.

In the present action, plaintiff raises…