(SS) French v. Commissioner of Social Security

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHARLES FRENCH, No. 2:18-cv-2191-KJM–KJN 12 Plaintiff, FINDINGS AND RECOMMENDATIONS

ON PARTIES’ CROSS MOTIONS

13 v. FOR SUMMARY JUDGMENT 14 COMMISSIONER OF SOCIAL (ECF Nos. 14, 15)

SECURITY,

15 Defendant. 16 17 Plaintiff seeks judicial review of a final decision by the Commissioner of Social Security 18 denying plaintiff’s application for Title XVI supplemental security income.1 In his summary 19 judgment motion, plaintiff contends the Administrative Law Judge (“ALJ”) erred in weighing the 20 lay testimony, medical evidence, and physicians’ opinions regarding his impairments, and erred 21 in the formulation of the residual functional capacity and questioning of the Vocational Expert 22 (“VE”). The Commissioner opposed and filed a cross–motion for summary judgment. 23 The court recommends DENYING the Commissioner’s motion for summary judgment, 24 GRANTING IN PART plaintiff’s motion for summary judgment, and REMANDING this case 25 for further…