(SS) Swartout v. Commissioner of Social Security

I. Introduction

12 Plaintiff Mark Daniel Swartwout (“Plaintiff”) seeks judicial review of a final decision of 13 the Commissioner of Social Security (“Commissioner” or “Defendant”) denying his applications 14 for 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. 23, 26, 29. After reviewing the record the Court finds that substantial evidence 18 and applicable law do not entirely support the ALJ’s decision. Plaintiff’s appeal is therefore 19 granted.

II. Factual and Procedural Background2

21 On June 9, 2017 Plaintiff applied for disability insurance benefits and supplemental security 22 income alleging disability as of March 8, 2017 due to back problems, neck problems, anxiety 23 disorder, blindness, hand/wrist/arm problems, cyst, and knee problems. AR 165, 170, 214. The 24 Commissioner denied the applications initially on November 27, 2017, and on reconsideration on

1 The parties consented to…