(SS) Repuyan Custodio v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GROYETO REPUYAN CUSTODIO, No. 2:23-cv-00307 AC Plaintiff, v. ORDER MARTIN O’MALLEY, Commissioner of Social Security, 15 Defendant.

17 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 August 7, 2020. Administrative Record (“AR”) 171-72. The 26 DIB is paid to disabled persons who have contributed to the Disability Insurance Program, and who suffer from a mental or physical disability. 42 U.S.C. § 423(a)(1); Bowen v. City of New…