(SS) Burke v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DANIEL RICHARD BURKE, No. 2:21-cv-00734-EFB (SS) Plaintiff, v. ORDER KILOLO KIJAKAZAI, Acting Commissioner of Social Security, 15 Defendant. 16 Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security denying his application for disability insurance benefits under Title II of the Social Security Act. ECF No. 1. The parties’ cross-motions for summary judgment are pending. ECF Nos. 11, 12 & 13. The parties have consented to the jurisdiction of a United States Magistrate Judge for all proceedings in this action, including judgment, pursuant to 28 U.S.C. 636(c)(1). ECF No. 8. For the reasons provided below, plaintiff’s motion for summary judgment is granted and the Commissioner’s motion for summary judgment is denied. I. Background On May 11, 2018, plaintiff filed an application for disability and disability insurance benefits under Title II of the Social Security Act (Act), alleging that he…