Zanassi

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 N.Z., Case No. 21-cv-01106-VKD

Plaintiff,

ORDER RE CROSS-MOTIONS FOR

v. SUMMARY JUDGMENT

KILOLO KIJAKAZI, Re: Dkt. Nos. 25, 26 Defendant.

13 Plaintiff N.Z.1 appeals a final decision of the Commissioner of Social Security (“Commissioner”) denying her applications for disability insurance benefits and supplemental security income under Titles II and XVI of the Social Security Act (“Act”), 42 U.S.C. §§ 423, 1381, et seq. The parties have filed cross-motions for summary judgment. The matter was submitted without oral argument. N.Z. requests that the Court award her benefits, or in the alternative, that the Court remand her case for further administrative proceedings. She argues first that the ALJ erred by finding she constructively waived her right to testify at the hearing. Second, she argues that the Appeals Council improperly rejected additional…