(SS) Higbee v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TERRENCE R. HIGBEE, No. 2:24-cv-00347-SCR Plaintiff, v. ORDER LELAND DUDEK, Acting Commissioner of Social Security,1 15 Defendant.

17 Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security (“Commissioner”), denying his application for disability insurance benefits (“DIB”) under Title II of the Social Security Act (the “Act”). For the reasons that follow, the Court will GRANT Plaintiff’s motion for summary judgment and DENY the Commissioner’s cross-motion for summary judgment. The matter will be remanded to the Commissioner for further proceedings. As a preliminary matter, Plaintiff has filed a “motion to consider whether cases should be related” (ECF No. 11) wherein Plaintiff suggests the matter be reassigned to Magistrate Judge Kendall Newman. As Judge Newman has retired, the motion is DENIED. 26 27 1 Leland Dudek became the Acting Commissioner of Social Security in February 2025, and pursuant…