(SS) Silveira v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY JOAQUIN SILVEIRA III, No. 2:19-cv-933-KJN Plaintiff, ORDER ON PARTIES’ CROSS MOTIONS

FOR SUMMARY JUDGMENT

v. (ECF Nos. 18, 23) 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 under Title II of the Social Security Act. In his summary judgment motion, plaintiff contends the Administrative Law Judge erred in assigning a “light” RFC with a “sit/stand at will” option, because that is essentially sedentary work. Plaintiff also contends the ALJ erred in rejecting his subjective-symptom testimony, and in ignoring the rating decision of the Department of Veterans Affairs. The Commissioner opposed, and filed a cross–motion for summary judgment. The court GRANTS IN PART plaintiff’s motion for summary judgment, DENIES the Commissioner’s cross-motion, and REMANDS for an award of benefits.

1 This action…