(SS) Gutierrez v. Commissioner of Social Security

I. Introduction

13 Plaintiff Patricia Gutierrez appeals a decision of the Commissioner of Social Security 14 denying her application for social security disability insurance benefits under Title II of the Social 15 Security Act. For the reasons stated below, substantial evidence and applicable law do not support 16 the ALJ’s decision that Plaintiff was not disabled. Accordingly, the recommendation is that 17 judgment issue for Plaintiff, reversing the Commissioner’s decision and remanding for additional 18 proceedings.

II. Factual and Procedural Background

20 On February 9, 2018, Plaintiff applied for disability insurance benefits alleging a disability 21 onset date of September 14, 2017. The Commissioner denied the application initially on April 13, 22 2018, and on reconsideration on November 13, 2018. The Administrative Law Judge (the “ALJ”) 23 held a hearing on April 10, 2020. AR 44–69. On September 8, 2020, the ALJ issued an unfavorable 24 decision. AR 17–43. The Appeals Council denied review on December 10, 2020. AR 6–11.

III. The Disability Standard

26 Pursuant to 42 U.S.C. §405(g), this court has the authority to review a decision by the 27…