(SS)Alacar

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARILYN GALAMAY ALACAR, No. 2:22-cv-149-TLN-KJN 12 Plaintiff, FINDINGS AND RECOMMENDATIONS 13 v. (ECF Nos. 8, 14.) 14 COMMISSIONER OF SOCIAL

SECURITY,

15 Defendant. 16 17 Plaintiff seeks judicial review of a final decision by the Commissioner of Social Security 18 denying her application for Disability Insurance Benefits and Supplemental Security Income.1 In 19 her summary judgment motion, plaintiff contends the Administrative Law Judge erred in: 20 (A) failing to follow the orders of the Appeals Council; (B) resolving her subjective symptom 21 testimony; (C) resolving her disability claim at Step Five via the testimony of the Vocational 22 Expert. Plaintiff seeks a remand for benefits or for further proceedings. The Commissioner 23 opposed, and filed a cross-motion for summary judgment, and seeks affirmance. 24 For the reasons that follow, the court recommends plaintiff’s motion for summary 25 judgment be DENIED; the Commissioner’s cross-motion be GRANTED, and the…