(SS) Silva v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 GRACE ANN SILVA, No. 2:20-cv-02124-AC Plaintiff, v. ORDER KILOLO KIJAKAZI, Acting Commissioner of Social Security, 14 Defendant.

16 Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security (“Commissioner”), denying her application for disabled widow’s insurance benefits (“DIB”) under Title II of the Social Security Act, 42 U.S.C. §§ 401-34, and for Supplemental Security Income (“SSI”) under Title XVI of the Social Security Act (“the Act”), 42 U.S.C. §§ 1381-1383f. For the reasons that follow, the court will GRANT plaintiff’s motion for summary judgment, DENY the Commissioner’s cross-motion for summary judgment, and remand to the Commissioner for further proceedings.

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 U.S. 467, 470 (1986). A disabled…