(SS) Higbee v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TERRENCE R. HIGBEE, No. 2:19-cv-1176-KJN Plaintiff, ORDER v. (ECF Nos. 25, 29.) COMMISSIONER OF SOCIAL

SECURITY,

15 Defendant. 16 Plaintiff seeks judicial review of a final decision by the Commissioner of Social Security denying his application for Disability Insurance Benefits. In his summary judgment motion, plaintiff contends the Administrative Law Judge erred by improperly rejecting his subjective symptom testimony, which affected the findings of disability at Steps Four and Five. Plaintiff seeks a remand for a grant of benefits or for further proceedings. The Commissioner opposed, and filed a cross-motion for summary judgment, and seeks affirmance. 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 proceedings consistent with this order. /// 27 1 This action was referred to the…