(SS) Merrill v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 ORA MERRILL, No. 2:18-cv-02270-AC Plaintiff, v. ORDER ANDREW SAUL, Commissioner of Social Security, 14 Defendant.

16 Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security (“Commissioner”), denying her application for continuing disability insurance benefits (“DIB”) under Title II of the Social Security Act, 42 U.S.C. §§ 401-34, and for Supplemental Security Income (“SSI”) under Title XVI of the Social Security Act (“the Act”), 42 U.S.C. §§ 1381-1383f. For the reasons that follow, the court will GRANT plaintiff’s motion for summary judgment, DENY the Commissioner’s cross-motion for summary judgment, and remand this case for an immediate award of benefits. 24 DIB is paid to disabled persons who have contributed to the Disability Insurance Program, and who suffer from a mental or physical disability. 42 U.S.C. § 423(a)(1); Bowen v. City of New York, 476 U.S. 467, 470 (1986). SSI is paid to…