(SS) Esparza 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 KATHLEEN VICTORIA ESPARZA, No. 2:23-cv-00681 AC 12 Plaintiff, 13 v. ORDER 14 MARTIN O’MALLEY, Acting Commissioner of Social Security, 15 Defendant. 16 17 Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security 18 (“Commissioner”), denying her application for disability insurance benefits (“DIB”) under 19 Title II of the Social Security Act (“the Act”), 42 U.S.C. §§ 401-34.1 For the reasons that follow, 20 plaintiff’s motion for summary judgment will be GRANTED, and defendant’s cross-motion for 21 summary judgment will be DENIED. 22 I. PROCEDURAL BACKGROUND 23 Plaintiff applied for DIB on September 6, 2017. Administrative Record (“AR”) 70.2 The 24 disability onset date was alleged to be June 29, 2011. AR 70. The application was disapproved 25 initially and on reconsideration. AR 103-106, 109-113. On October 31, 2018, ALJ Vincent 26 1 DIB is paid to disabled persons who have contributed to the Disability Insurance…