(SS)Kirtley
(SS)Kirtley v. Commissioner of Social Security
Opinion
Trial Court Opinion
I. BACKGROUND
24 Plaintiff brought the underlying action seeking judicial review of an unfavorable decision 25 by the Commissioner of the Social Security Administration regarding his application for 26 Disability Insurance Benefits (“DIB”) and Supplemental Security Income (“SSI”). (ECF No. 1.) 27 /// 28 On May 8, 2020, Plaintiff filed his opening brief. (ECF No. 19.) The Commissioner filed a responsive brief on June 22, 2020. (ECF No. 22.) The Court held a hearing on the matter on September 1, 2020, and entered an order on October 5, 2020, remanding the case with instructions to award benefits to the date Plaintiff attained age 50. (ECF Nos. 26, 28.) The Court further ordered:
As to the approximately four months between the date last insured and the date on which Plaintiff attained the age of 50, the ALJ is directed to consider whether the borderline age rule should be applied to Plaintiff and, if so, whether application of that rule would result in a finding that Plaintiff was disabled during the period between the date he was last insured and the date he attained the age of 50.
9 (ECF No. 28 at 16.) The Clerk of Court entered…