(SS) Howard v. Commissioner of Social Security

I. Introduction

12 Plaintiff Mina Howard (“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. 17, 20, 21. 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 February 28, 2018 Plaintiff applied for disability insurance benefits alleging disability 20 as of March 18, 2016. The application was denied initially on October 29, 2018 and on 21 reconsideration on January 17, 2019. A hearing was held before an Administrative Law Judge (the 22 “ALJ”) on May 7, 2020. AR 40–63. On July 6, 2020 the ALJ issued an unfavorable decision. AR 23 16–39. The Appeals Council denied review on September 21, 2020. AR 5–10. On March 5, 2021 24 Plaintiff filed a complaint in this Court.

1 The parties…