(SS) Kiser v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaFebruary 23, 20242:23-cv-00091California3,223 words

Opinion

trial_court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CARRIE JUANNELL KISER, Case No. 2:23-cv-00091-JDP (SS) 12 Plaintiff, ORDER 13 v. GRANTING PLAINTIFF’S MOTION FOR

SUMMARY JUDGMENT AND DENYING

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

17

18 Plaintiff, who suffers from degenerative disc disease of the lumbar and cervical spine, 19 challenges the final decision of the Commissioner of Social Security (“Commissioner”) denying 20 her applications for a period of disability, disability insurance benefits (“DIB”), supplemental 21 security income (“SSI”), and disabled widow’s benefits under Titles II and XVI of the Social 22 Security Act. Both parties have moved for summary judgment. ECF Nos. 16 & 18. Because I 23 find that the ALJ improperly rejected medical opinion evidence, plaintiff’s motion is granted, and 24 the Commissioner’s cross-motion is denied. 25 Standard of Review 26 …

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