Bocanegra

MEMORANDUM OPINION AND ORDER GRANTING SUMMARY JUDGMENT

1.Proceedings.

Plaintiff brought this action pursuant to 42 U.S.C. § 405 (g) of the Social Security Act (“Act”) to obtain judicial review of a final decision of the Secretary of Health and Human Services (“Secretary”) denying plaintiffs claim for supplemental security income benefits under Title XVI of the Act. The parties filed cross-motions for summary judgment and have stipulated to disposition of this action before the United States Magistrate Judge, pursuant to 28 U.S.C. § 636 (c). The motions were taken under submission without oral argument. Local Rule 7.11.

2. Standard of Review.

Under 42 U.S.C. § 405 (g), this Court reviews the Secretary’s decision to determine if: (1) the Secretary’s findings are supported by substantial evidence; and (2) the Secretary used proper legal standards, DeLorme v. Sullivan, 924 F.2d 841, 846 (9th Cir.1991).

3. Plaintiff Is Entitled to Summary Judgment.

Plaintiff claims to be disabled due to back and neck pains and depression. She had two hearings before an Administrative Law Judge (“ALJ”), who denied her claim, and the Appeals Council of the Office of Hearings and Appeals, Social…