Sandra Eilrich v. Commissioner of Social Securit

MEMORANDUM

Marc Eilrich appealed the district court’s affirmance of a final administrative denial of his application for disability insurance benefits under the Social Security Act (“SSA”), 42 U.S.C. § 423 . After the Appeals Council denied review of his claim, Eilrich appealed to the United States District Court for the Eastern District of California, which affirmed the denial of his application. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse and remand.

1. Eilrich’s application alleged disability since July 1, 2002, due to irritable bowel syndrome, bilateral groin pain, diverticulitis, and colonic polyps, as well as pain in his back, hands and knees. The Administrative Law Judge (“ALJ”) determined that Eilrich was ineligible for disability insurance benefits because he did not have a “severe” impairment lasting for at least 12 consecutive months prior to the expiration of his disability coverage on December 31, 2002. The ALJ determined that Eil- rich’s medically determinable impairments could reasonably be expected to produce his alleged symptoms, but that Eilrich’s statements regarding the severity of his symptoms were “not entirely credible.” Having…