Rose Nielsen v. Carolyn Colvin

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 23 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ROSE NIELSEN, No. 23-35619

Plaintiff-Appellant, D.C. No. 2:22-cv-00218-TOR

v.

MEMORANDUM*

CAROLYN W. COLVIN, Acting Commissioner of Social Security,

Defendant-Appellee.

Appeal from the United States District Court for the Eastern District of Washington Thomas O. Rice, District Judge, Presiding

Argued and Submitted December 2, 2024 Seattle, Washington

Before: W. FLETCHER, BERZON, and R. NELSON, Circuit Judges. Dissent by Judge R. NELSON.

Rose Nielsen appeals the district court’s affirmance of the denial of her social

security disability applications. We reverse and remand.

1. An administrative law judge (ALJ) may only reject a medical opinion as

“unsupported or inconsistent” with the record if the ALJ “provid[es] an explanation

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. supported by substantial evidence.” Woods v. Kijakazi, 32 F.4th 785, 792 (9th…