(SS)(PS) Nash v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 AUBREY J. NASH JR., No. 2:20-cv-104-KJN Plaintiff, ORDER ON PARTIES’ CROSS-MOTIONS v. (ECF Nos. 17, 18) COMMISSIONER OF SOCIAL

SECURITY,

15 Defendant. 16 Plaintiff, proceeding without council in this action, seeks judicial review of a final decision by the Commissioner of Social Security denying his application for Disability Insurance Benefits and Supplemental Security Income under Titles II and XVI of the Social Security Act.1 In his “request for voluntary remand,” plaintiff contends the Appeals Council erred in denying his appeal for untimeliness, and contends new evidence supports his request for disability. The Commissioner filed a cross-motion for summary judgment, contending both the ALJ’s and Appeals Council’s decisions are supported by substantial evidence and free from legal error. For the reasons set forth below, tThe court DENIES plaintiff’s motion, GRANTS the Commissioner’s cross-motion, and AFFIRMS the final…