(SS) Madrid v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANK FERNANDO MADRID, No. 2:19-cv-1421-KJM-KJN Plaintiff, FINDINGS AND RECOMMENDATIONS

ON PARTIES’ CROSS-MOTIONS FOR

v. SUMMARY JUDGMENT COMMISSIONER OF SOCIAL (ECF Nos. 17, 23)

SECURITY,

15 Defendant. 16 Plaintiff seeks judicial review of a final decision by the Commissioner of Social Security denying an application for Disability Insurance Benefits under Title II of the Social Security Act.1 In his summary judgment motion, plaintiff contends the Administrative Law Judge (“ALJ”) erred by relying on his own lay opinion over the medical record evidence, and by improperly rejecting plaintiff’s symptom testimony and the diagnoses of his physicians. The Commissioner filed an opposition and cross–motion for summary judgment. The court FINDS the ALJ failed in formulating plaintiff’s residual functional capacity. Thus, the court RECOMMENDS the Commissioner’s motion for summary judgment be denied, plaintiff’s motion for…