(SS) Linville Jr. v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DANIEL KEILEN LINVILLE, JR., No. 2:18-cv-2135-MCE–KJN Plaintiff, FINDINGS AND RECOMMENDATIONS

ON PARTIES’ CROSS MOTIONS

v. FOR SUMMARY JUDGMENT COMMISSIONER OF SOCIAL (ECF Nos. 19, 24)

SECURITY,

15 Defendant. 16 Plaintiff seeks judicial review of a final decision by the Commissioner of Social Security denying his application for Title XVI supplemental security income. In his summary judgment motion, Plaintiff primarily contends the Administrative Law Judge (“ALJ”) erred in weighing medical evidence and testimony regarding Plaintiff’s mental impairments, and erred in formulating Plaintiff’s residual functional capacity. The Commissioner opposed and filed a cross–motion for summary judgment. After considering the parties’ written briefing, the record, and the applicable law, the Court recommends DENYING the Commissioner’s motion for summary judgment, GRANTING Plaintiff’s motion for summary judgment, and REMANDING this case…