Scott Snoeck v. Carolyn Colvin

MEMORANDUM

Scott Snoeck (“Snoeck”) appeals the district court’s judgment affirming the final decision of the Commissioner of Social Security (“Commissioner”) denying his claim for disability insurance benefits and supplemental security income. The facts are well known to the parties and will not be repeated here except only to the extent necessary to explain our decision. We have jurisdiction under 28 U.S.C. § 1291 and reverse and remand.

We review the district court’s order upholding the Commissioner’s denial of benefits de novo. Edlund v. Massanari, 253 F.3d 1152, 1156 (9th Cir.2001). We will reverse the Commissioner’s decision only if the Administrative Law Judge’s (“ALJ”) findings are based on legal error or are not supported by substantial evidence. Thomas v. Barnhart, 278 F.3d 947, 954 (9th Cir.2002).

The ALJ rejected the opinion of Dr. Charles Marler (“Dr. Marler”), Snoeck’s treating physician, limiting Snoeck to 20 hours of work per week. To reject the uncontroverted opinion of a treating physi- dan, as in this case, the ALJ must provide clear and convincing reasons supported by substantial evidence in the record. Magallanes v. Bowen, 881 F.2d 747, 751 (9th Cir.1989).…