Lieu

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 RICHARD T. L., Case No.: 23-cv-640-DDL

Plaintiff,

ORDER AFFIRMING IN PART

v. AND REVERSING IN PART

DECISION OF THE

14 MARTIN O’MALLEY, Commissioner of COMMISSIONER OF SOCIAL Social Security, SECURITY

16 Defendant. 17 18 Plaintiff Richard T. L. moves the Court to remand his application to the Social Security Administration (the “Administration”) for an award of benefits or, alternatively, for further proceedings. See generally Dkt. No. 17. For the reasons stated below, the Court finds the Commissioner’s determination that Plaintiff is not disabled for purposes of Plaintiff’s Title II claim is free of legal error and supported by substantial evidence, and is AFFIRMED. However, the Court finds the ALJ’s adjudication of Plaintiff’s Title XVI claim was legally erroneous, and is not supported by substantial evidence. Plaintiff’s Title XVI claim is therefore 27 …