(SS) Leighty v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 HARLEY RICHARD LEIGHTY, Case No. 2:22-cv-01598-JDP (SS) Plaintiff, ORDER v. GRANTING PLAINTIFF’S MOTION FOR

SUMMARY JUDGMENT AND DENYING

MARTIN O’MALLEY, Commissioner of COMMISSIONER’S MOTION FOR Social Security, SUMMARY JUDGMENT 15 Defendant. ECF Nos. 10 & 11

Plaintiff, who suffers from Lyme disease, challenges the final decision of the Commissioner of Social Security (“Commissioner”) denying his applications for a period of disability and disability insurance benefits (“DIB”) under Title II of the Social Security Act. Both parties have moved for summary judgment. ECF Nos. 10 & 11. Because I find that the ALJ erred in rejecting plaintiff’s subjective testimony, plaintiff’s motion is granted, and the Commissioner’s cross-motion is denied. Standard of Review An Administrative Law Judge’s (“ALJ”) decision denying an application for disability benefits will be upheld if it is…