(SS) Aninion v. Commissioner of Social Security

I. Introduction

14 Plaintiff Virgil Parami Aninion seeks judicial review of a final decision of the 15 Commissioner of Social Security denying his application for disability insurance benefits (DIB) 16 pursuant to Title II of the Social Security Act.1

II. Factual and Procedural Background

18 Plaintiff applied for benefits on April 19, 2021 alleging disability as of March 31, 2021 due 19 to valley fever, high cholesterol, asthma, lung disease, and pulmonary issues. AR 17, 55, 175–76. 20 The Commissioner denied the applications initially on June 22, 2021, and on reconsideration on 21 September 30, 2021. AR 87–91; 94–100. The ALJ held a hearing on January 19, 2023. AR 37– 22 53. The ALJ issued an unfavorable decision on February 15, 2023. AR 14–30. The Appeals 23 Council denied review on December 28, 2023 (AR 1–6) and this appeal followed.

III. The Disability Standard

25 Pursuant to 42 U.S.C. §405(g), this court has the authority to review a decision by the 26 Commissioner denying a claimant disability benefits. “This court may set aside the 27 Commissioner’s denial of disability insurance benefits when the ALJ’s findings are based on…