Fernandez

I. BACKGROUND

18 On or about April 20, 2022, Plaintiff filed an application for a period of disability and 19 disability insurance benefits. See Dkts. 11–11-9 (Administrative Record (“AR”)) 229-31, 236-37. 20 Plaintiff’s claim was denied initially on July 21, 2022 (AR 118) and denied on reconsideration on 21 December 28, 2022 (AR 140). On February 6, 2024, an Administrative Law Judge (“ALJ”) held a 22 telephonic hearing. AR 40-83. On March 26, 2024, the ALJ issued an unfavorable decision 23 finding Plaintiff was not disabled. AR 14-33 (the “ALJ Decision”). 24 25 1 The Court takes notice of the fact that, on November 30, 2024, Carolyn W. Colvin became the 26 Acting Commissioner of Social Security, who served until January 19, 2025. This was followed by Michelle King (January 20, 2025, to February 16, 2025) and finally Leland Dudek as the 27 current Acting Commissioner. See https://www.ssa.gov/history/commissioners.html. In applying the sequential evaluation process for determining disability, at step 3 the ALJ found that Plaintiff has the following severe impairments: degenerative joint disease of the left shoulder, obesity, diverticulosis, depression…