Debra Stewart v. Carolyn W. Colvin

MEMORANDUM

Debra Stewart (“Stewart”) appeals the district court’s order affirming the decision of the Administrative Law Judge (“ALJ”) to deny Stewart’s application for supplemental security income. We review the district court’s order de novo. See Berry v. Astrue, 622 F.3d 1228, 1231 (9th Cir.2010). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse the judgment of the district court and remand for further proceedings.

Stewart challenges the district court’s judgment on multiple grounds. We review “only the reasons provided by the ALJ in the disability determination and [we] may not affirm the ALJ on a ground upon which [she] did not rely.” Orn v. Astrue, 495 F.3d 625, 630 (9th Cir.2007). We are persuaded that the district court erred in its finding that: (i) the ALJ set forth specific, legitimate reasons based on substantial evidence for rejecting the opinion of Stewart’s treating physician and (ii) the ALJ provided specific, clear, and convincing reasons to reject Stewart’s subjective pain testimony. We reverse the judgment of the district court on those findings.

An ALJ is not bound by the medical opinion of a treating physician on the ultimate question of…