(SS) Moreno v. Commissioner of Social Security

I. Introduction

12 Plaintiff Carolyn Jean Moreno appeals the decision of the Commissioner of Social Security 13 denying her application for supplemental security income (SSI) under Title XVI of the Social 14 Security Act.1 Because substantial evidence and applicable law do not support the ALJ’s decision, 15 the appeal will be granted. 16

II. Factual and Procedural Background

17 On October 4, 2019, Plaintiff applied for SSI alleging disability due to varicose veins, deep 18 vein thrombosis, and related complications. The applications were denied initially and on 19 reconsideration. AR 74; 82. The ALJ held a hearing on February 3, 2021. AR 33–50. On April 20 22, 2021, the ALJ issued an unfavorable decision. AR 15–32. The Appeals Council denied review 21 on January 20, 2022, and this appeal followed. 22

III. The Disability Standard

23 Under 42 U.S.C. §405(g), this court has the authority to review the Commissioner’s denial 24 of disability benefits. Reversal is appropriate when the ALJ’s findings are based on legal error or 25 unsupported by substantial evidence.” Tackett v. Apfel, 180 F.3d 1094, 1097 (9th Cir. 1999). 26 Substantial evidence is that…