(SS) McElfresh v. Commissioner of Social Security

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

FRANCISCO MICHAEL MCELFRESH, ) Case No.: 1:19-cv-0823 JLT ) Plaintiff, ) ORDER GRANTING PLAINTIFF’S MOTION FOR ) SUMMARY JUDGMENT (DOC. 30) AND v. ) REMANDING THE ACTION PURSUANT TO ) ENTENCE FOUR OF 42 U.S.C. § 405(g) COMMISSIONER OF SOCIAL SECURITY, ) ) ORDER DIRECTING ENTRY OF JUDGMENT IN Defendant. ) FAVOR OF FRANCISCO MICHAEL ) MCELFRESH, AND AGAINST DEFENDANT, ) THE COMMISSIONER OF SOCIAL SECURITY

Francisco Michael McElfresh asserts he is entitled to disability insurance benefits and a period of disability under Title II of the Social Security Act. Plaintiff argues the administrative law judge was erred in evaluating the medical record and his credibility. In addition, Plaintiff asserts his application was adjudicated by an unconstitutionally appointed ALJ. For the reasons set forth below, the matter is REMANDED for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). …