(SS) Phillips v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 THOMAS PHILLIPS, No. 2:21-cv-01903-EFB (SS) Plaintiff, v. ORDER KILOLO KIJAKAZI, Acting Commissioner of Social Security, 14 Defendant. 15 Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security denying his application for disability benefits under Title II of the Social Security Act. ECF No. 1. The action is before the undersigned pursuant to the consent of the parties. The parties’ cross- motions for summary judgment are pending. ECF Nos. 18, 20. For the reasons provided below, the court grants plaintiff’s motion, denies the Commissioner’s motion, and remands the case to the Administration for further proceedings. I. BACKGROUND On October 17, 2019, plaintiff filed an application for disability insurance benefits (DIB) under Title II of the Social Security Act (Act) alleging that his disability began as of September 31, 2018. ECF 13-1, Administrative Record (AR) 22. Plaintiff alleges he…