(SS) Lao 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 CHOR LAO, No. 2:22-cv-02017-CKD 12 Plaintiff, 13 v. ORDER 14 COMMISSIONER OF SOCIAL

SECURITY,

15 Defendant. 16

17 18 Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security 19 (“Commissioner”) denying an application for Disability Income Benefits (“DIB”) under Title II 20 of the Social Security Act (“Act”). The parties have consented to Magistrate Judge jurisdiction to 21 conduct all proceedings in the case, including the entry of final judgment. For the reasons 22 discussed below, the court will deny plaintiff’s motion for summary judgment and grant the 23 Commissioner’s cross-motion for summary judgment. 24 BACKGROUND 25 Plaintiff, born in 1958, applied in July 2014 for DIB, alleging disability beginning 26 February 17, 2014. Administrative Transcript (“AT”) 435, 525. Plaintiff alleged he was unable 27 to work due to right ankle, right foot, and back pain, as well as gout. AT 53, 525. In 2016, the 28 ALJ issued an…