(SS) Tainter v. Commissioner of Social Security

I. Introduction

12 Plaintiff Penny Tainter (“Plaintiff”) seeks judicial review of a final decision of the 13 Commissioner of Social Security (“Commissioner” or “Defendant”) denying her application for 14 supplemental security income pursuant to Title XVI of the Social Security Act. The matter is 15 before the Court on the parties’ briefs which were submitted without oral argument to the United 16 States Magistrate Judge. Docs. 21, 23, 25. After reviewing the record the Court finds that 17 substantial evidence and applicable law do not support the ALJ’s decision.

II. Factual and Procedural Background2

19 On February 26, 2018 Plaintiff applied for supplemental security income. The 20 Commissioner denied the application initially on September 6, 2018 and on reconsideration on 21 December 3, 2018. Plaintiff requested a hearing which was held before an Administrative Law 22 Judge (the “ALJ”) on July 1, 2020. AR 65–94. On July 14, 2020 the ALJ issued an unfavorable 23

1 The parties consented to the jurisdiction of a United States Magistrate Judge. See Docs. 7 and 11. 2 The Court has reviewed the relevant portions of the administrative…