(SS) Garcia v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaNovember 22, 20231:22-cv-01205California2,985 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

10 11 REINALDO GARCIA, Case No. 1:22-cv-01205-EPG Plaintiff, FINAL JUDGMENT AND ORDER

REGARDING PLAINTIFF’S SOCIAL

v. SECURITY COMPLAINT COMMISSIONER OF SOCIAL SECURITY, (ECF Nos. 1, 23).

Defendant. 17 18 19 This matter is before the Court on Plaintiff’s complaint for judicial review of an 20 unfavorable decision by the Commissioner of the Social Security Administration regarding his 21 application for disability and supplemental security income benefits. The parties have consented 22 to entry of final judgment by the United States Magistrate Judge under the provisions of 28 23 U.S.C. § 636(c), with any appeal to the Court of Appeals for the Ninth Circuit. (ECF No. 11). 24 Plaintiff argues as follows: 25 1. The ALJ harmfully erred by failing to find Mr. Garcia’s mental impairments “severe” at step Two, rendering the RFC not based on substantial evidence. 2. The ALJ harmfully erred by failing to provide substantial evidence to reject the 27 only treating physician opinion of…

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