(SS) Rogers v. Commissioner of Social Security

I. Introduction

15 Plaintiff Michael Matthew Rogers seeks judicial review of a final decision of the 16 Commissioner of Social Security denying his applications for social security disability insurance 17 benefits (SSDI) and supplemental security income benefits (SSI) under Titles II and XVI, respectively, of the Social Security Act.1

II. Factual and Procedural Background

20 Plaintiff applied for benefits on November 19, 2021 alleging disability beginning November 21 1, 2019. The Commissioner denied the applications initially on March 11, 2022, and on 22 reconsideration on June 9, 2022. The ALJ held a hearing on February 8, 2023. AR 49–101. The 23 ALJ issued an unfavorable decision on February 17, 2023. AR 15–39. The Appeals Council denied 24 review on November 21, 2023 (AR 1–7) and this appeal followed.

III. The Disability Standard

26 Pursuant to 42 U.S.C. §405(g), “This court may set aside the Commissioner’s denial of 27 disability insurance benefits when the ALJ’s findings are based on legal error or are not supported 28 1 The parties did not consent to the jurisdiction of a United States Magistrate Judge. Doc. 8,…