(SS) Desylva v. Commissioner of Social Security

INTRODUCTION

19 Elizabeth Desylva (“Plaintiff”) seeks judicial review of a final decision of the Commissioner 20 of Social Security (“Commissioner” or “Defendant”) denying her application for disability benefits 21 pursuant to the Social Security Act. The matter is currently before the Court on the parties’ briefs, 22 which were submitted, without oral argument, to Magistrate Judge Stanley A. Boone.1 23 Plaintiff requests the decision of Commissioner be vacated and the case be remanded for further 24 proceedings, arguing the administrative law judge (“the ALJ”) erred by failing to include mental 25 limitations in her residual functional capacity (“RFC”) and by not expressly addressing why such 26 limitations were not included and by failing to evaluate a third-party function report. 27 1 The parties have consented to the jurisdiction of the United States Magistrate Judge and this action has been assigned For the reasons explained herein, Plaintiff’s Social Security appeal shall be denied. II. BACKGROUND A. Procedural History Plaintiff protectively filed an application for a period of…