(SS) Smith v. Commissioner of Social Security

I. Introduction

12 Plaintiff Billy Ray Smith (“Plaintiff”) seeks judicial review of a final decision of the 13 Commissioner of Social Security (“Commissioner” or “Defendant”) denying his applications for 14 disability insurance benefits and supplemental security income pursuant to Titles II and XVI, 15 respectively, of the Social Security Act. The matter is before the Court on the parties’ briefs which 16 were submitted without oral argument to the Honorable Gary S. Austin, United States Magistrate 17 Judge. See Docs. 24–25. After reviewing the record the Court finds that substantial evidence and 18 applicable law support the ALJ’s decision. Plaintiff’s appeal is therefore denied.

II. Factual and Procedural Background2

20 On May 24, 2017 and July 31, 2017, respectively, Plaintiff applied for disability insurance 21 benefits and supplemental security income alleging disability as of August 20, 2013 due to diabetes 22 and neuropathy. AR 162, 335, 342. The Commissioner denied the applications initially on 23 November 6, 2017 and on reconsideration on February 1, 2018. AR 219; 229. Plaintiff requested 24 a hearing which was held before an Administrative Law Judge…