Elvira Garcia v. Commissioner of Social Security

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ELVIRA ALEJANDRE PONCE GARCIA, Case No. 18-cv-01764-KAW

8 Plaintiff, ORDER GRANTING PLAINTIFF'S 9 v. MOTION FOR SUMMARY

JUDGMENT; DENYING

10 COMMISSIONER OF SOCIAL DEFENDANT'S CROSS-MOTION FOR

SECURITY, SUMMARY JUDGMENT

11 Defendant. Re: Dkt. Nos. 24, 31 12 13 Plaintiff Elvira Alejandre Ponce Garcia seeks judicial review, pursuant to 42 U.S.C. § 14 405(g), of the Commissioner’s final decision, and the remand of this case for payment of benefits, 15 or, in the alternative, for further proceedings. 16 Pending before the Court is Plaintiff’s motion for summary judgment and Defendant’s 17 cross-motion for summary judgment. Having considered the papers filed by the parties, and for 18 the reasons set forth below, the Court GRANTS Plaintiff’s motion for summary judgment and 19 DENIES Defendant’s cross-motion for summary judgment. 20 I. BACKGROUND 21 Plaintiff applied for Title II and Title XVI benefits…