(SS) Menchaca v. Commissioner of Social Security

I. Introduction

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

II. Factual and Procedural Background

14 Plaintiff applied for SSI on November 4, 2020. The Commissioner denied the application 15 initially and on reconsideration. AR 90, 99. Plaintiff appeared for a hearing before an ALJ on July 16 5, 2023. AR 32–54. The ALJ issued an unfavorable decision on July 14, 2023. AR 12–31. The 17 Appeals Council denied review on July 25, 2023, and this appeal followed.

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 conclusion…