Diez

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JOSE DINO A. DIEZ, Case No.: 18-CV-156-DMS(WVG)

Plaintiff,

REPORT AND

v. RECOMMENDATION ON CROSS-

MOTIONS FOR SUMMARY

NANCY A. BERRYHILL, Acting

JUDGMENT

Commissioner of Social Security, 15 Defendant.

17 On March 27, 2014, Jose Dino A. Diez (“Plaintiff”) applied for Social Security 18 Disability Insurance under Title II of the Social Security Act (“Title II” or “Act”). Nancy 19 A. Berryhill, Acting Commissioner of Social Security (“Commissioner” or “Defendant”), 20 twice denied Plaintiff’s application – initially, on June 27, 2014, and upon reconsideration 21 on March 6, 2015. This action followed. Before the Court are Plaintiff and Defendant’s 22 (“Parties”) cross-motions for summary judgment for purposes of this Report and 23 Recommendation. For the below reasons, the Court RECOMMENDS that Plaintiff’s 24 summary judgment motion be DENIED and Defendant’s summary judgment motion be

GRANTED.

26 / / / 27 / / / 28 I. PROCEDURAL…