Chism

REPORT AND RECOMMENDATION, FINDINGS OF FACT and CONCLUSIONS OF LAW

This Report and Recommendation is submitted to the Honorable Warren J. Ferguson, United States District Judge, pursuant to the provisions of 28 U.S.C. § 636 (b) and General Order No. 104 — D of the United States District Court for the Central District of California.

Statement of Proceedings in this Court

On June 18, 1977 plaintiff, through counsel, filed her Complaint to Review and Set Aside Decision Under the Social Security Act. In this complaint plaintiff seeks a review of the decision of the Appeals Council of the Social Security Administration, in which decision the Appeals Council affirmed the decision of the Administrative Law Judge denying to plaintiff disability insurance benefits under the Social Security Act. The jurisdiction of this Court is sought to be invoked under 42 U.S.C. § 405 (g).

On November 21,1977 defendant filed his Answer to Complaint to Review and Set Aside Decision Under the Social Security Act and appended thereto the administrative record. On January 5 and January 13, 1978 plaintiff and defendant, respectively, filed motions for summary judgment.

On March 14, 1978 the parties’…