William White, Jr. v. Carolyn Colvin

MEMORANDUM

William White appeals the district court’s order affirming the Social Security Commissioner’s denial of disability benefits. White argues that the administrative law judge (“ALJ”) erred by improperly determining that White was not credible and by ignoring the lay testimony of his wife. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we agree with White. Accordingly, we reverse the district court’s affirmance of the denial of benefits and remand for a new hearing before the ALJ.

1.The ALJ’s conclusion that White’s testimony was not credible is not supported by substantial evidence. See Molina v. Astrue, 674 F.3d 1104, 1110 (9th Cir.2012). Where, as here, a claimant has produced “objective medical evidence of an underlying impairment which could reasonably be expected to produce the ... symptoms alleged ... and there is no evidence of malingering, then the ALJ must give specific, clear and convincing reasons in order to reject the claimant’s testimony about the severity of the symptoms.” Id. at 1112 (internal quotation marks omitted). The ALJ rejected White’s testimony as to the “intensity, persistence and degree,” of his impairments as inconsistent with his…