McCarthy

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

FRANK EUGENE MCCARTHY,

Case No. 18-cv-05705-DMR Plaintiff, 8 v. ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT

NANCY BERRYHILL,

Re: Dkt. Nos. 26, 31 Defendant.

Plaintiff Frank McCarthy moves for summary judgment to reverse the Commissioner of the Social Security Administration’s (the “Commissioner’s”) final administrative decision, which found McCarthy not disabled and therefore denied him application for benefits under Titles II and XVI of the Social Security Act, 42 U.S.C. § 401 et seq. and 42 U.S.C. § 1381 et seq. [Docket No. 26 (“Pltf. Mot.”).] The Commissioner cross-moves to affirm. [Docket No. 31 (“Def. Mot.”).] For the reasons stated below, the court grants McCarthy’s motion and denies the Commissioner’s cross-motion. I. PROCEDURAL HISTORY On September 30, 2008, McCarthy was found disabled as of March 1, 2008. Administrative Record (“A.R.”) 111, 112. This…