(SS) Martinez v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 V. LORRAINE MARTINEZ, No. 2:20-cv-02068 WBS CKD (SS) Plaintiff, v. FINDINGS AND RECOMMENDATIONS 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 an application for disability and disability insurance benefits (“DIB”) under Title II of the Social Security Act (“Act”). For the reasons discussed below, the undersigned Magistrate Judge will recommend that plaintiff’s motion for summary judgment be granted except as to remedy, and the Commissioner’s motion to remand (which concedes harmful error by the ALJ) be granted. BACKGROUND Plaintiff, born in 1973, served in the military for twelve years and, after leaving service in 2012, went into business with a military colleague and worked a few hours a week as a bookkeeper until 2015. Administrative Transcript (“AT”) 34, 47-50. She applied on March…