Ortiz

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 RICHARD L. ORTIZ, Case No. 21-cv-02293-JD

Plaintiff,

ORDER RE SUMMARY JUDGMENT

v. 9 Re: Dkt. No. 20 KILOLO KIJAKAZI, Defendant.

12 Plaintiff Richard Ortiz asks for summary judgment to reverse the Acting Commissioner of the Social Security Administration’s (Kilolo Kijakazi’s) decision denying Ortiz’s application for benefits under Title II of the Social Security Act. Dkt. No. 20. The parties agree that the Court should remand the matter, see Dkt. No. 25 at 2; Dkt. No. 26 at 2, and the Court has independently concluded the same. The only question is whether the remand should be for an award of benefits to Ortiz, or for a re-evaluation of his application by the Commissioner. Dkt. No. 26 at 2. In our circuit, an ALJ’s decision to deny benefits “will only be disturbed if it is not supported by substantial evidence or it is based on legal error” that is not harmless. Burch v. Barnhart, 400 F.3d 676, 679 (9th Cir. 2005); Dam v. Comm’r of Soc. Sec., Case No. 19-CV-2131-…