Bennett

ORDER GRANTING IN PART PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANT’S CROSS-MOTION FOR SUMMARY JUDGMENT

Re: ECF Nos. 19, 22,

Plaintiff Diana Alissa Bennett seeks judicial review of the Social Security Administration Commissioner’s (“Commissioner”) denial of her application for Social Security disability insurance benefits and Supplemental Security Income (SSI) disability benefits pursuant to 42 U.S.C. § 405 (g). Before the Court are Bennett’s motion for summary judgment and the Commissioner’s cross-motion for summary judgment. Upon consideration of the moving papers and the reasons explained below, Plaintiff’s motion for summary judgment is granted in part and Defendant’s cross-motion for summary judgment is denied. Though Plaintiff requests a remand for award of benefits, the Court will remand this case for further proceedings.

I. BACKGROUND

A. Relevant Factual and Medical History

Plaintiff alleges that she has been disabled since December 14, 2010. AR 176. Bennett is a 47-year old woman who has not worked since December 13, 2010, AR 177, and was last employed as a server at Applebee’s. AR 41. Bennett’s application for disability benefits is based upon…