Brett Schmasow v. Michael Astrue

MEMORANDUM

Brett Schmasow appeals the district court’s decision affirming an administrative law judge’s (ALJ) termination of disability benefits after finding a closed period of disability from September 1, 2006 to February 25, 2008. Schmasow argues that the evidence did not establish medical improvement related to his ability to engage in substantial gainful activity. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and reverse.

The ALJ’s decision must be upheld if supported by substantial evidence and if the ALJ applied the correct legal standards. Howard ex rel. Wolff v. Barnhart, 341 F.3d 1006, 1011 (9th Cir.2003). Substantial evidence is more than a mere scintilla but less than a preponderance. Id. at 1011 (internal quotation marks omitted). “[A] reviewing court must consider the record as a whole and may not affirm simply by isolating a specific quantum of supporting evidence.” Robbins v. Soc. Sec. Admin., 466 F.3d 880, 882 (9th Cir.2006) (internal quotation marks omitted).

Everyone agrees that Schmasow’s medical condition improved over the two year period. See POMS DI 28010.105. Dr. Hinde’s February 26, 2008 treatment note states that Schmasow’s condition had…