(SS) Mcabee v. Commissioner of Social Security

I. Introduction

17 Plaintiff Thomas Mcabee seeks judicial review of a final decision of the Commissioner of 18 Social Security denying his application for supplemental security income pursuant to Title XVI of 19 the Social Security Act.1

II. Factual and Procedural Background

21 Plaintiff applied for benefits on April 4, 2018. The Commissioner denied the applications 22 initially on August 15, 2018, and on reconsideration on November 5, 2018. AR 81–85; 91–96. 23 Plaintiff appeared for a hearing before an ALJ on September 11, 2020. AR 35–57. The ALJ issued 24 an unfavorable decision on September 28, 2020. AR 17–34. The Appeals Council denied review 25 on January 12, 2021 (AR 5–10) and this appeal followed.

27 28 1 The parties did not consent to the jurisdiction of a United States Magistrate Judge. Doc. 7, 13.

III. The Disability Standard

Pursuant to 42 U.S.C. §405(g), this court has the authority to review a decision by the

Commissioner denying a claimant disability benefits. “This court may set aside the

Commissioner’s denial of disability insurance benefits when the ALJ’s findings are based on legal

error or are not…