(SS) Haggerty v. Commissioner of Social Security

I. Introduction

13 Plaintiff Darren Dwight Haggerty (“Plaintiff”) seeks judicial review of a final decision of 14 the Commissioner of Social Security (“Commissioner” or “Defendant”) denying his application for 15 supplemental security income pursuant to Title XVI of the Social Security Act. The matter is before 16 the undersigned for issuance of Findings and Recommendations based on the parties’ briefs. Docs. 17 20, 24. After reviewing the record the undersigned finds that substantial evidence and applicable 18 law do not support the ALJ’s decision.

II. Factual and Procedural Background2

20 On June 5, 2018 Plaintiff applied for supplemental security income. The Commissioner 21 denied the application initially on October 10, 2018 and on reconsideration on November 16, 2018. 22 AR 127–39, 141–56. A hearing was held before an Administrative Law Judge (the “ALJ”) on 23 March 19, 2020. AR 46–76. On April 8, 2020 the ALJ issued an unfavorable decision. AR 16– 24 45. The Appeals Council denied review on October 8, 2020. AR 6–12.

26 1 The parties did not consent to jurisdiction the Magistrate Judge. See Docs 8, 11. Accordingly, the matter was then assigned to…