(SS) Buethe v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DENISE R. BUETHE, No. 2:20-cv-552-KJN Plaintiff, ORDER ON PARTIES’ CROSS-MOTIONS

FOR SUMMARY JUDGMENT

v. (ECF Nos. 15, 19.) COMMISSIONER OF SOCIAL

SECURITY,

15 Defendant. 16 Plaintiff seeks judicial review of a final decision by the Commissioner of Social Security denying her application for Disability Insurance Benefits under Title II the Social Security Act.1 In her motion for summary judgment, plaintiff contends the Administrative Law Judge (“ALJ”) erred by discounting the opinion of her physician and misreading the opinions of the state-agency physicians; and erred in failing to articulate clear and convincing reasons for rejecting the subjective-symptom testimony. The Commissioner contends in its cross-motion that 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…