(SS) Fortunato v. Commissioner of Social Security

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DANTE ANTHONY FORTUNATO, III, Case No. 1:23-cv-00119-JDP (SS) 12 Plaintiff, ORDER 13 v. GRANTING PLAINTIFF’S MOTION FOR

SUMMARY JUDGMENT AND DENYING

14 MARTIN O’MALLEY, Commissioner of COMMISSIONER’S MOTION FOR Social Security, SUMMARY JUDGMENT 15 Defendant. ECF Nos. 17 & 19 16

17 18 Plaintiff, who suffers from degenerative disc disease, left shoulder tendonitis, congestive 19 heart failure, coronary artery disease, diabetes, hypertension, and obesity, challenges the final 20 decision of the Commissioner of Social Security (“Commissioner”) denying his applications for a 21 period of disability, disability insurance benefits (“DIB”), and supplemental security income 22 (“SSI”) under Title II and Title XVI of the Social Security Act. Plaintiff has moved for summary 23 judgment, and defendant has filed a response asking the court to affirm the denial. ECF Nos. 17 & 24 19. Because I find that the ALJ did not properly consider mental limitations when…