(SS) Thompson v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CARL DONALD THOMPSON, No. 2:20-cv-3-KJN Plaintiff, ORDER ON PARTIES’ CROSS-MOTIONS

FOR SUMMARY JUDGMENT

v. (ECF Nos. 12, 24) 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 (“ALJ”) erred by failing to find the opinion of a physician persuasive and by improperly rejecting plaintiff’s subjective-symptom testimony. The Commissioner filed a cross-motion for summary judgment, contending the ALJ’s decision is supported by substantial evidence and free from legal error. For the reasons set forth below, the court DENIES the Commissioner’s cross-motion for summary judgment, GRANTS plaintiff’s motion, and REMANDS for further consideration of the

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