(SS) M.M. v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DONALD MCLEMORE, o/b/o M.M., No. 2:18-cv-00107-KJN Plaintiff, v. ORDER COMMISSIONER OF SOCIAL

SECURITY,

15 Defendant. 16 17 Plaintiff M.M. by and through his father Donald McLemore, seeks judicial review of a final decision by the Commissioner of Social Security (“Commissioner”) denying plaintiff’s application for Supplemental Security Income (“SSI”) under Title XVI of the Social Security Act (“Act”). In his motion for summary judgment, plaintiff principally argues that the Commissioner’s decision is based upon legal error and not supported by substantial evidence. (ECF No. 13) The Commissioner opposed plaintiff’s motion and filed a cross-motion for summary judgment. (ECF No. 14.) Thereafter, plaintiff filed a reply brief. (ECF No. 17.) After carefully considering the record and the parties’ briefing, the court GRANTS plaintiff’s motion for summary judgment and DENIES the Commissioner’s cross-motion for 27 1 This action was referred to the…