(SS) Drummond v. Commissioner of Social Security

INTRODUCTION

20 Plaintiff Thomas Stephen Drummond (“Plaintiff”) seeks judicial review of a final 21 decision of the Commissioner of Social Security (“Commissioner”) denying his application for 22 Disability Insurance under Title XVI of the Social Security Act. The parties’ briefing on the motion 23 was submitted, without oral argument, to Magistrate Judge Barbara A. McAuliffe for findings and 24 recommendations. (Docs. 15, 19, 20.) Having considered the parties’ briefs, along with the entire 25 26

27 1 Martin O’Malley became the Commissioner of Social Security on December 20, 2023. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Martin O’Malley is substituted 28 for Kilolo Kijakazi as Defendant in this suit. 1 record in this case, the Court finds that the decision of the Administrative Law Judge (“ALJ”) was 2 not supported by substantial evidence in the record and was not based upon proper legal standards. 3 Accordingly, this Court will recommend reversing the agency’s determination to deny benefits and 4 remanding the matter for further proceedings consistent with this order. 5

FACTS AND PRIOR PROCEEDINGS

6 Plaintiff applied for Title XVI Supplemental…