(SS) Eilrich v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SANDRA EILRICH, No. 2:21–cv–832 DAD-KJN Plaintiff, FINDINGS AND RECOMMENDATIONS v. (ECF Nos. 28, 31.) COMMISSIONER OF SOCIAL

SECURITY,

15 Defendant. 16 Plaintiff seeks judicial review of a final decision by the Commissioner of Social Security denying an application for Disability Insurance Benefits and Supplemental Security Income. In his summary judgment motion, plaintiff contends the Administrative Law Judge erred in: (A) resolving plaintiff’s non-severe impairments at step two; (B) resolving the opinions of a medical source; and (C) resolving plaintiff’s subjective symptom testimony. Plaintiff seeks a remand for further proceedings. The Commissioner opposed, filed a cross-motion for summary judgment, and seeks affirmance. For the reasons that follow, the court recommends plaintiff’s motion for summary judgment be DENIED, the Commissioner’s cross-motion be GRANTED, and the final decision of the Commissioner be AFFIRMED. 26…