(SS)Alacar

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARILYN GALAMAY ALACAR, No. 2:22-cv-149-TLN-KJN Plaintiff, FINDINGS AND RECOMMENDATIONS v. (ECF Nos. 8, 14.) COMMISSIONER OF SOCIAL

SECURITY,

15 Defendant. 16 Plaintiff seeks judicial review of a final decision by the Commissioner of Social Security denying her application for Disability Insurance Benefits and Supplemental Security Income. In her summary judgment motion, plaintiff contends the Administrative Law Judge erred in: (A) failing to follow the orders of the Appeals Council; (B) resolving her subjective symptom testimony; (C) resolving her disability claim at Step Five via the testimony of the Vocational Expert. Plaintiff seeks a remand for 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 recommends plaintiff’s motion for summary judgment be DENIED; the Commissioner’s cross-motion be GRANTED, and the…