(SS) Pthlong v. Commissioner of Social Security

I. Introduction

11 Damarin Pthlong seeks judicial review of the Commissioner’s decision denying 12 supplemental security income (SSI) under Title XVI of the Social Security Act.1 13

II. Factual and Procedural Background

14 Plaintiff applied for SSI on April 15, 2020. The Commissioner denied the application 15 initially and on reconsideration. AR 97, 106. Plaintiff appeared for a hearing before an ALJ on 16 August 17, 2021. AR 57–90. The ALJ issued an unfavorable decision on September 23, 2021. 17 AR 18–31. The Appeals Council denied review on August 15, 2022, and this appeal followed. 18

III. The Disability Standard

19 Pursuant to 42 U.S.C. §405(g), this court has the authority to review a decision by the 20 Commissioner denying a claimant disability benefits. “This court may set aside the 21 Commissioner’s denial of disability insurance benefits when the ALJ’s findings are based on legal 22 error or are not supported by substantial evidence in the record as a whole.” Tackett v. Apfel, 180 23 F.3d 1094, 1097 (9th Cir. 1999) (citations omitted). Substantial evidence is evidence within the 24 record that could lead a reasonable mind to accept a…