(SS) Noyer v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaMarch 24, 20232:21-cv-02158California4,001 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NICHOLE LEA NOYER, No. 2:21-cv-02158 AC Plaintiff, v. ORDER KILOLO KIJAKAZI, Acting Commissioner of Social Security, 15 Defendant.

17 Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security (“Commissioner”), denying her application for disability insurance benefits (“DIB”) under Title II of the Social Security Act (“the Act”), 42 U.S.C. §§ 401-34. For the reasons that follow, plaintiff’s motion for summary judgment will be GRANTED, and defendant’s cross-motion for summary judgment will be DENIED. The matter will be reversed and remanded to the Commissioner for further proceedings. //// //// ////

DIB is paid to disabled persons who have contributed to the Disability Insurance Program, and who suffer from a mental or physical disability. 42 U.S.C. § 423(a)(1); Bowen v. City of New York, 476 U.S. 467, 470 (1986). I. PROCEDURAL BACKGROUND Plaintiff applied for…

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