Valdovinos

I. BACKGROUND

1 Plaintiff applied for SSDI benefits on December 3, 2014, alleging disability since February 2 26, 2013. Mot. at 4. The Commissioner denied the application and issued an adverse 3 reconsideration decision. Id. Plaintiff requested a hearing following denial of reconsideration. 4 ECF Nos. 19-2–19-8, Transcript of Administrative Record (“Tr.”) 117. An administrative hearing 5 and supplemental hearing were held on December 20, 2016, and April 28, 2017, respectively. Id. 6 On August 11, 2017, the Administrative Law Judge (“ALJ”) Mary Beth O’Connor issued a 7 decision titled “Notice of Recommended Decision” which stated that Plaintiff is not disabled 8 under §§ 216(i) and 223(d) of the SSA. Mot. at 4; see Tr. 117–34. The cover page of the decision 9 informs Plaintiff that it “is not a final decision” and that the Appeals Council (the “Council”) will 10 decide whether to adopt, modify, or reject the decision. Tr. 113. 11 Plaintiff subsequently requested review of ALJ’s decision with the Council. Tr. 135. On 12 October 26, 2018, the Council denied Plaintiff’s request for review. Tr. 135–43. The Council’s 13 notice of denial states that the ALJ’s decision “is…