Tubolino

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 EUREKA DIVISION 7 8 JEFFREY TUBOLINO, Case No. 18-cv-02511-RMI

9 Plaintiff,

ORDER ON CROSS MOTIONS FOR

10 v. SUMMARY JUDGMENT

11 NANCY A. BERRYHILL, Re: Dkt. Nos. 23, 24 12 Defendant.

13 14 Plaintiff, Jeffrey Tubolino, seeks judicial review of an administrative law judge (“ALJ”) 15 decision denying his application for supplemental security income payments under Title XVI of 16 the Social Security Act. Plaintiff’s request for review of the ALJ’s unfavorable decision was 17 denied by the Appeals Council, thus, the ALJ’s decision is the “final decision” of the 18 Commissioner of Social Security which this court may review. See 42 U.S.C. §§ 405(g), 19 1383(c)(3). Both parties have consented to the jurisdiction of a magistrate judge (dkts. 10, 16), and 20 both parties have moved for summary judgment (dkts. 23, 24). For the reasons stated below, the 21 court will grant Plaintiff’s motion for summary judgment, and will deny…