(SS) Larkin v. Commissioner of Social Security
Opinion
Trial Court Opinion
I. Introduction
12 Plaintiff Luther Earl Larkin (“Plaintiff”) seeks judicial review of a final decision of the 13 Commissioner of Social Security (“Commissioner” or “Defendant”) denying his 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. Docs. 20–22. After reviewing the record the Court finds that 16 substantial evidence and applicable law do not support the ALJ’s decision.
II. Factual and Procedural Background2
18 On November 29, 2017 Plaintiff applied for disability insurance benefits alleging disability 19 beginning June 16, 2013. The application was denied initially on March 21, 2018 and on 20 reconsideration on June 5, 2018. Plaintiff requested a hearing which was held before an 21 Administrative Law Judge (the “ALJ”) on December 9, 2019. AR 36–61. On December 24, 2019 22 the ALJ issued a decision denying Plaintiff’s application. AR 17–35. The Appeals Council denied 23 review on August 10, 2020. AR 6–11.
III. The Disability Standard
25 Pursuant to 42 U.S.C. §405(g), this court has the authority to review a decision by the