(SS) Gallo v. Commissioner of Social Security

I. Introduction

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

II. Factual and Procedural Background2

19 On October 24, 2019 Plaintiff applied for disability insurance benefits alleging disability as 20 of November 9, 2018. The application was denied initially on March 18, 2020 and on 21 reconsideration on May 18, 2020. AR 102, 118. Two administrative hearings were held before an 22 Administrative Law Judge (the “ALJ”), on February 9, 2021 and August 30, 2021, respectively. 23 AR 39–60; 61–89. On September 30, 2021 the ALJ issued an unfavorable decision. AR 12–38. 24 The Appeals Council denied review on December 28, 2021. AR 1–6. On February 4,…