(PS)(SS) Lucas v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SANDRA YVONNE LUCAS, No. 2:18-cv-02184 JAM CKD Plaintiff, v. FINDINGS AND RECOMMENDATIONS ANDREW SAUL, Commissioner of Social Security, 15 Defendant.

17 Plaintiff, proceeding pro se, seeks judicial review of a final decision of the Commissioner of Social Security (“Commissioner”) finding that she had excess resources for the period from January 2011 through June 2015 under Section 416.1201(a) of the Social Security Act (“Act”). The ALJ determined that the payment plaintiff received in the settlement of a civil lawsuit was a “resource” for the purposes of Supplemental Security Income (“SSI”) eligibility. For the reasons discussed below, the undersigned will recommend that plaintiff’s motions for summary judgment and remand be denied, and the Commissioner’s cross-motion for summary judgment be granted. //// //// //// //// BACKGROUND Plaintiff began receiving supplemental security income benefits based on an application 3 …