(SS) Cisneros v. Commissioner of Social Security

I. Introduction

12 Plaintiff Nicholas Zavala Cisneros (“Plaintiff”) seeks judicial review of a final decision of 13 the Commissioner of Social Security (“Commissioner” or “Defendant”) denying his application for 14 disability insurance benefits and supplemental security income pursuant to Titles II and XVI, 15 respectively, of the Social Security Act. The matter is before the Court on the parties’ briefs which 16 were submitted without oral argument to the Honorable Gary S. Austin, United States Magistrate 17 Judge. See Docs. 21, 28, 29. After reviewing the record the Court finds that substantial evidence 18 and applicable do not support the ALJ’s decision. Accordingly, Plaintiff’s appeal is granted.

II. Procedural Background

20 On July 27, 2015 Plaintiff filed an application for disability insurance benefits and 21 supplemental security income claiming disability beginning April 4, 2015 due to a lower back 22 injury. AR 197–208; 223. The Commissioner denied the application initially on September 25, 23 2015, and on reconsideration on February 4, 2016. AR 91–94, 97–102. 24 Plaintiff requested a hearing which was held before an Administrative Law Judge…