(SS) Smith v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JASON BRIAN SMITH, No. 2:21-cv-0412 DB Plaintiff, v. ORDER MARTIN O’MALLEY, Commissioner of Social Security,1 15 Defendant. 17 Pending before the court in this social security action is defendant’s motion to amend the judgment pursuant to Rule 59 of the Federal Rules of Civil Procedure. (ECF No. 22.) For the reasons explained below, defendant’s motion is denied. PROCEDURAL BACKGROUND Plaintiff commenced this action for judicial review pursuant to 42 U.S.C. § 405(g) on March 8, 2021. (ECF. No. 1.) On August 17, 2022, plaintiff filed a motion for summary judgment. (ECF No. 15.) On September 27, 2022, defendant filed a cross motion for summary

1 Martin O’Malley became the Commissioner of the Social Security Administration on December 20, 2023. See https://blog.ssa.gov/martin-j-omalley-sworn-in-as-commissioner-of-social- 26 security-administration/ (last visited by the court on February 21, 2024). …