(SS) Trede v. Commissioner of Social Security
Opinion
Trial Court Opinion
I. Introduction
12 Plaintiff Ashley Marie Trede appeals the decision of the Commissioner of Social Security 13 denying her application for disability insurance benefits (DIB) under Title II of the Social Security 14 Act. Because substantial evidence and applicable law do not support the ALJ’s decision, the 15 appeal will be granted.
II. Factual and Procedural Background
17 On December 30, 2020, Plaintiff applied for DIB alleging disability as May 1, 2020. The 18 applications were denied initially on April 19, 2021, and on reconsideration on January 13, 2022. 19 AR 106; 129. The ALJ held a hearing on March 28, 2023. AR 36–69. On May 3, 2023, the ALJ 20 issued an unfavorable decision. AR 15–35. The Appeals Council denied review on October 12, 21 2023, and this appeal followed.
III. The Disability Standard
23 Under 42 U.S.C. §405(g), this court has the authority to review the Commissioner’s denial 24 of disability benefits. Reversal is appropriate when the ALJ’s findings are based on legal error or 25 unsupported by substantial evidence.” Tackett v. Apfel, 180 F.3d 1094, 1097 (9th Cir. 1999). 26 Substantial evidence is that which could lead reasonable minds…