(SS) Nelson v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SHAWN OWEN NELSON, No. 2:24-cv-0693 AC Plaintiff, v. ORDER COMMISSIONER OF SOCIAL

SECURITY,

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”), 42 U.S.C. §§ 401-34. For the reasons that follow, plaintiff’s motion for summary judgment will be GRANTED, and defendant’s cross-motion for summary judgment will be DENIED. I. PROCEDURAL BACKGROUND Plaintiff applied for DIB on December 28, 2021, alleging that the disability onset date was February 26, 2021. Administrative Record (“AR”) 17. The application was disapproved 26 DIB is paid to disabled persons who have contributed to the Disability Insurance Program, and who suffer from a mental or physical disability. 42 U.S.C. § 423(a)(1); Bowen v. City of New York, 476…