(SS) Clark v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 FRANK CLARK, No. 2:22-cv-01336 AC Plaintiff, v. ORDER KILOLO KIJAKAZI, Acting Commissioner of Social Security, 14 Defendant.

16 Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security (“Commissioner”), denying his application for disability insurance benefits (“DIB”) under Title II of the Social Security Act (“the Act”), 42 U.S.C. §§ 401-34. For the reasons that follow, plaintiff’s motion for summary judgment will be GRANTED, and defendant’s cross-motion for summary judgment will be DENIED. The matter will be reversed and remanded to the Commissioner for further proceedings. I. PROCEDURAL BACKGROUND Plaintiff applied for DIB on January 3, 2021. Administrative Record (“AR”) 215. The disability onset date was alleged to be February 12, 2015. Id. The application was disapproved 26 DIB is paid to disabled persons who have contributed to the Disability Insurance…