Mack

Mack v. Colvin

Good Law
173 F. Supp. 3d 999·2016 WL 1211955·2016 U.S. Dist. LEXIS 41667
United States District Court, Southern District of CaliforniaMarch 29, 2016CASE NO. 14cv2050 WQH-JMACalifornia2,840 words

Opinion

Lead Opinion

Hayes, J.

ORDER

The matter before the Court is the Report and Recommendation (ECF No. 21) issued- by United States Magistrate Judge Jan M, Adler, recommending that the motion for summary judgment (ECF No. 16) filed by Plaintiff be granted, the cross-motion for summary judgment (ECF.No. 20) filed by Defendant be denied, and the case be remanded.for a calculation and award of SSI benefits.

I. Background

Plaintiff was born on August 21, 1955. (Admin R. at 248). On July 16, 2008, Plaintiff filed an application for Supplemental Security Income (“SSI”) with the Social Security Administration, alleging a disability onset date of June 1, 2008. Id. at 213, 248. On November 25, 2008, Plaintiffs application was denied. Id. at 108. On February 13, 2009, the denial was affirmed on reconsideration. Id. at 117. On March 20, 2009, Plaintiff requested an administrative hearing. Id. at 123. On September 2, 2010, a.hearing was conducted by Administrative Law Judge (“ALJ”) Eve B. Godfrey. Id. at 60. On November 24, 2010, the ALJ issued a -decision that Plaintiff is not disabled under -section 1614(a)(3)(A) of the Social Security Act. Id. at 89-96.

On February 15, 2012, the Appeals Council for the Social…

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