(SS) Dubord v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RUDOLPH ANTHONY DUBORD IV, No. 2:20-cv-634-KJM-KJN Plaintiff, FINDINGS AND RECOMMENDATIONS ON

PARTIES’ CROSS-MOTIONS FOR

v. SUMMARY JUDGMENT COMMISSIONER OF SOCIAL (ECF Nos. 22, 27)

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 the Social Security Act.1 In his motion for summary judgment, plaintiff contends the Administrative Law Judge (“ALJ”) erred in: (A) failing to consider his disability rating from the Department of Veterans Affairs (“VA”); (B) analyzing the opinions of medical, non-medical and state-agency sources; (C) failing to articulate clear and convincing reasons for rejecting plaintiff’s subjective-symptom testimony; and (D) failing to consider a lay-witness statement. The Commissioner contends in its cross- motion that the ALJ’s decision is supported by substantial evidence…