(SS) Diaz v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERTO DIAZ, No. 2:19-cv-537-KJN Plaintiff, ORDER ON PARTIES’ CROSS MOTIONS

FOR SUMMARY JUDGMENT

v. (ECF Nos. 14, 26) COMMISSIONER OF SOCIAL

SECURITY,

15 Defendant. 16 Plaintiff seeks judicial review of a final decision by the Commissioner of Social Security denying his application for Disability Insurance Benefits. In his summary judgment motion, plaintiff contends the Administrative Law Judge (“ALJ”) erred in failing to give appropriate weight to a previous rating decision by the Department of Veterans Affairs (“VA”). The Commissioner opposed, arguing that under the new regulations the ALJ was not required to address the VA’s rating. Thus, the Commissioner contended its cross–motion for summary judgment should be granted, and the ALJ’s decision be affirmed. For the reasons that follow, the court DENIES plaintiff’s motion for summary judgment, GRANTS defendant’s cross-motion for summary judgment, and AFFIRMS the final decision of the…