(SS) Willard v. Commissioner of Social Security

I. Introduction

12 Plaintiff Perry Gene Willard (“Plaintiff”) seeks judicial review of a final decision of the 13 Commissioner of Social Security (“Commissioner” or “Defendant”) denying his application for 14 disability insurance benefits pursuant to Title II of the Social Security Act. The matter is before 15 the Court on the parties’ briefs which were submitted without oral argument to the Honorable Gary 16 S. Austin, United States Magistrate Judge. See Docs. 19, 20, 21. After reviewing the record the 17 Court finds that substantial evidence and applicable law do not support the ALJ’s decision. 18 Plaintiff’s appeal is therefore granted.

II. Procedural Background

20 On June 15, 2016 Plaintiff filed an application for disability insurance benefits alleging 21 disability commencing September 1, 2015. AR 182–83. The Commissioner denied the application 22 initially on September 8, 2016 and on reconsideration on December 9, 2016. AR 107–11; 115–20. 23 Plaintiff requested a hearing which was held before an Administrative Law Judge (the “ALJ”) on 24 November 7, 2018. AR 40–73. Plaintiff was represented by an attorney at the hearing. AR 40. 25 On January 30, 2019 the…