(SS) Marquez v. Commissioner of Social Security

I. Introduction

13 Plaintiff Juan E. Marquez (“Plaintiff”) seeks judicial review of a final decision of the 14 Commissioner of Social Security (“Commissioner” or “Defendant”) denying his application for 15 social security disability insurance benefits pursuant to Title II of the Social Security Act. The 16 matter is before the undersigned for issuance of Findings and Recommendations based on the 17 parties’ briefs. Docs. 19, 23. After reviewing the record the undersigned finds that substantial 18 evidence and applicable law do not support the ALJ’s decision that Plaintiff was not disabled. 19 Accordingly, the undersigned recommends that the Court direct entry of judgment in favor of 20 Plaintiff and against Defendant, reversing the final decision of the Commissioner of Social 21 Security and remanding for additional proceedings.

II. Factual and Procedural Background2

23 On July 21, 2017 Plaintiff applied for disability insurance benefits alleging a disability 24 onset date of October 15, 2015. AR 156. The Commissioner denied the application initially on 25 September 12, 2017 and on reconsideration on November 21, 2017. AR 165, 182. A hearing was 26 1 The parties…