(SS) Cano v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TOBY ERNESTINE CANO, Case No. 1:21-cv-01829-BAM Plaintiff, ORDER REGARDING PLAINTIFF’S

MOTION FOR SUMMARY JUDGMENT

v. (Docs. 11, 15) COMMISSIONER OF SOCIAL

SECURITY,

15 Defendant. 16 INTRODUCTION Plaintiff Toby Ernestine Cano (“Plaintiff”) seeks judicial review of a final decision of the Commissioner of Social Security (“Commissioner”) denying her application for disability insurance benefits under Title II of the Social Security Act. The matter is currently before the Court on the parties’ briefs, which were submitted, without oral argument, to Magistrate Judge Barbara A. McAuliffe.2 Having considered the briefing and record in this matter, the Court finds that the decision of the Administrative Law Judge (“ALJ”) is not supported by substantial evidence as whole and in not based upon proper legal standards. Accordingly, this Court will grant Plaintiff’s motion for 26 1 According to the ALJ decision, Plaintiff also applied…