Margaret Smith v. Carolyn W. Colvin

MEMORANDUM

Margaret Mary Smith appeals from the district court’s judgment reversing the Commissioner’s denial of disability benefits and remanding for further administrative proceedings. We have jurisdiction under 28 U.S.C. § 1291 , we review for an abuse of discretion, Harman v. Apfel, 211 F.3d 1172, 1173 (9th Cir.2000), and we affirm.

The district court did not abuse its discretion by remanding for further proceedings, rather than for an immediate award of benefits, because Smith did not satisfy all the conditions of the “credit-as-true” rule. See Smolen v. Chater, 80 F.3d 1273 (9th Cir.1996). Although the district court concluded that the ALJ failed to provide legally sufficient reasons for rejecting the testimony of Dr. Levine, “there are outstanding [] issues that must be resolved before a determination of disability can be made,” and it is not “clear from the record that the ALJ would be required to find the claimant disabled were such evidence credited.” Id. at 1292 . As the district court concluded, “there are conflicting medical opinions regarding [Smith’s] ability to do work-related activities” and “substantial evidence supports the ALJ’s conclusion that the medical…