James Herron v. Michael Astrue

MEMORANDUM

James Herron appeals the district court’s judgment, which affirmed the Commissioner of Social Security’s denial of Disability Insurance Benefits. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse and remand.

The district court’s decision is reviewed de novo, and the Commissioner’s decision to deny disability benefits may be set aside if not supported by substantial evidence or based on legal error. Andrews v. Shalala, 53 F.3d 1035, 1039-40 (9th Cir.1995). Herron argues that substantial evidence does not support the ALJ’s findings that: (1) his testimony was not entirely credible, and (2) he retained the residual functional capacity to return to his past relevant work as a disaster site consultant. We agree. Substantial evidence does not support the former finding because “an ALJ may not reject a claimant’s subjective complaints based solely on a lack of medical evidence to fully corroborate the alleged severity of pain.” Burch v. Barnhart, 400 F.3d 676, 680 (9th Cir.2005). Substantial evidence also does not support the latter finding because the ALJ erroneously failed to take into account the actual physical demands of Herron’s past work and compare…