(SS) Franz v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMIE LYNN FRANZ No. 2:21-cv-583-KJN Plaintiff, ORDER v. (ECF Nos. 17, 20.) COMMISSIONER OF SOCIAL

SECURITY,

15 Defendant. 16 Plaintiff seeks judicial review of a final decision by the Commissioner of Social Security (“Commissioner”) denying her application for Disability Insurance Benefits. In her summary judgment motion, plaintiff contends (among other things) that the Appeals Council erred in excluding the opinion of plaintiff’s treating psychiatrist, Dr. Vega, from the record in denying review of the Administrative Law Judge’s (“ALJ”) decision. Plaintiff seeks a reversal of the Commissioner’s final decision and a remand for a full award of benefits. The Commissioner opposed, and filed a cross–motion for summary judgment. For the reasons that follow, the court GRANTS plaintiff’s motion for summary judgment, DENIES the Commissioner’s cross-motion, and REMANDS the final decision of the Commissioner for further…