(SS) Silveira 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 ANTHONY JOAQUIN SILVEIRA III, No. 2:19-cv-933-KJN 12 Plaintiff, ORDER ON PARTIES’ CROSS MOTIONS

FOR SUMMARY JUDGMENT

13 v. (ECF Nos. 18, 23) 14 COMMISSIONER OF SOCIAL

SECURITY,

15 Defendant. 16 17 Plaintiff seeks judicial review of a final decision by the Commissioner of Social Security 18 denying his application for Disability Insurance Benefits under Title II of the Social Security 19 Act.1 In his summary judgment motion, plaintiff contends the Administrative Law Judge erred in 20 assigning a “light” RFC with a “sit/stand at will” option, because that is essentially sedentary 21 work. Plaintiff also contends the ALJ erred in rejecting his subjective-symptom testimony, and in 22 ignoring the rating decision of the Department of Veterans Affairs. The Commissioner opposed, 23 and filed a cross–motion for summary judgment. 24 The court GRANTS IN PART plaintiff’s motion for summary judgment, DENIES the 25 Commissioner’s cross-motion, and REMANDS for an award of benefits. 26

27 1 This action…