(SS) Kilpatrick v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TERRI KILPATRICK, No. 2:22-cv-255-KJM-KJN Plaintiff, FINDINGS AND RECOMMENDATIONS v. (ECF Nos. 12, 19.) 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. In her summary judgment motion, plaintiff contends the Administrative Law Judge erred by: (A) concluding plaintiff’s spinal condition did not meet or equal Listing 1.04; and (B) failing to include plaintiff’s handling and fingering deficits in the RFC and hypotheticals submitted to the Vocational Expert. Plaintiff seeks a remand for further proceedings. The Commissioner opposed, 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 final decision of the…