(SS) Cruz v. Commissioner of Social Security

I. Introduction

15 Plaintiff Ronnie Cruz seeks judicial review of a final decision of the Commissioner of Social 16 Security denying his application for disability insurance benefits (“DIB”) pursuant to Title II of the Social Security Act.1

II. Factual and Procedural Background

19 On March 17, 2021, Plaintiff applied for DIB alleging disability as of February 9, 2021 due 20 to blindness/low vision, 3 toe amputations (right foot), high blood pressure and diabetes. AR 204. 21 The Commissioner denied the claim initially and on reconsideration. AR 103–108; 110–116. The 22 ALJ held a hearing on December 8, 2022. AR 23–42. The ALJ issued an unfavorable decision on 23 January 25, 2023. AR 7–22. The Appeals Council denied review on December 4, 2023 (AR 1-6), 24 and this appeal followed.

III. The Disability Standard

26 Pursuant to 42 U.S.C. §405(g), “This court may set aside the Commissioner’s denial of 27 disability insurance benefits when the ALJ’s findings are based on legal error or are not supported 28 1 The parties did not consent to the jurisdiction of a United States Magistrate Judge. Doc. 4, 9. by substantial evidence in the record as a whole.” Tackett…