(SS) Kiser v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CARRIE JUANNELL KISER, Case No. 2:23-cv-00091-JDP (SS) Plaintiff, ORDER v. GRANTING PLAINTIFF’S MOTION FOR

SUMMARY JUDGMENT AND DENYING

MARTIN O’MALLEY, Commissioner of THE COMMISSIONER’S MOTION FOR Social Security, SUMMARY JUDGMENT 15 Defendant. ECF Nos. 16 & 18

Plaintiff, who suffers from degenerative disc disease of the lumbar and cervical spine, challenges the final decision of the Commissioner of Social Security (“Commissioner”) denying her applications for a period of disability, disability insurance benefits (“DIB”), supplemental security income (“SSI”), and disabled widow’s benefits under Titles II and XVI of the Social Security Act. Both parties have moved for summary judgment. ECF Nos. 16 & 18. Because I find that the ALJ improperly rejected medical opinion evidence, plaintiff’s motion is granted, and the Commissioner’s cross-motion is denied. Standard of Review …