Williams v. Commissioner of Social Security

1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 4 T.W., Case No. 21-cv-07822-SVK

Plaintiff,

ORDER ON CROSS-MOTIONS FOR

v. SUMMARY JUDGMENT

COMMISSIONER OF SOCIAL Re: Dkt. Nos. 38,

SECURITY,

9 Defendant. 10 I. INTRODUCTION This dispute comes before the Court in an unusual procedural posture. In short, at the time of the administrative hearing on Plaintiff’s application for Social Security disability benefits, the Administrative Law Judge (“ALJ”) concluded upon review of the record that Plaintiff’s work history did not reflect the requisite period of time without earnings to qualify for benefits. This concern led to discussions among the ALJ, counsel, and Plaintiff pursuant to which Plaintiff withdrew his request for a hearing and, in light of the withdrawal, the ALJ dismissed the claim. Plaintiff now complains, among other issues, that the ALJ’s conclusion regarding his earnings was based on a mistake of fact. This Court, upon a review of the record that…