(SS) Henricus v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TIMOTHY LEE HENRICUS, No. 2:20-cv-00677 AC Plaintiff, v. ORDER KILOLO KIJAKAZI, Acting Commissioner of Social Security, 15 Defendant.

17 Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security (“Commissioner”), denying his application for disability insurance benefits (“DIB”) under Title II of the Social Security Act (“the Act”), 42 U.S.C. §§ 401-34. For the reasons that follow, plaintiff’s motion for summary judgment is GRANTED, defendant’s cross-motion for summary judgment is DENIED, and the matter will be remanded to the Commissioner for further proceedings. I. PROCEDURAL BACKGROUND Plaintiff applied for DIB on November 19, 2010. Administrative Record (“AR”) 12, 178-

DIB is paid to disabled persons who have contributed to the Disability Insurance Program, and who suffer from a mental or physical disability. 42 U.S.C. § 423(a)(1); Bowen v. City of New York, 476…