(SS) Ostoni v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 VARTENI OSTONI, No. 2:22-cv-1438-KJN Plaintiff, ORDER v. (ECF Nos. 15, 17.) COMMISSIONER OF SOCIAL

SECURITY,

15 Defendant. 16 Plaintiff seeks judicial review of a final decision by the Commissioner of Social Security denying her application for Disability Insurance Benefits and Supplemental Security Income. In her summary judgment motion, plaintiff contends the Administrative Law Judge erred in relying solely on non-examining physician’s opinions and crafting plaintiff’s residual functional capacity. Plaintiff also contends the ALJ inappropriately resolved her subjective symptom testimony and inexplicably disregarded that this is both a Title II and Title XVI case. Plaintiff seeks a remand for further proceedings. The Commissioner opposed, and filed a cross-motion for summary judgment, and seeks affirmance. For the reasons below, plaintiff’s motion is GRANTED; the Commissioner’s cross- motion is DENIED, and the case…