(SS) Lutz v. Social Security

I. Introduction

13 Plaintiff Catherine Ann Lutz seeks judicial review of a final decision of the Commissioner 14 of Social Security terminating her social security disability insurance benefits pursuant to Title II 15 of the Social Security Act.1

II. Factual and Procedural Background

17 In a favorable determination dated April 17, 2015 (the “Comparison Point Decision” or 18 “CPD”), Plaintiff was found disabled and awarded benefits as of May 1, 2014, based on her stage 19 4 non-Hodgkin’s follicular lymphoma meeting listing 13.05 of 20 CFR Part 404, Subpart P, 20 Appendix 1 (20 CFR 404.1520(d)). AR 17; 94–99; 367–73. On July 1, 2018, the “disability 21 cessation date”, following a continuing disability review (“CDR”) the agency found that Plaintiff 22 was no longer disabled due to medical improvement, a decision which was upheld on 23 reconsideration. AR 116; 133–42. Plaintiff requested a hearing before an ALJ, and three such 24 hearings were held on the following dates, April 21, 2020, May 18, 2021, and August 24, 2021. 25 AR 36–65; 66–80; 81–92. On September 9, 2021, the ALJ issued an unfavorable decision 26 upholding the termination of Plaintiff’s…