Jason Ernst v. Carolyn Colvin

dissenting.

The ALJ found that Ernst has severe impairments in the form of borderline intellectual functioning, mood disorder, and generalized anxiety disorder. However, the ALJ also found that Ernst’s statements concerning the intensity, persistence, and limiting effects of these symptoms are not credible to the extent they are inconsistent with the residual functional capacity assessment, and that Ernst reported inconsistently regarding his activities of daily living. The ALJ considered the opinions of two consulting psychologists, Dr. Boltwood and Dr. Brown.

The ALJ found Dr. Boltwood’s opinion well-supported with clinical findings and consistent with the medical record as a whole. Dr. Boltwood opined, “I agree that [Ernst] would be a good candidate for a program such as DVR [Department of Vocational Rehabilitation] that would help him with the process of finding suitable employment and hopefully also providing ongoing vocational support.” Dr. Bolt-wood gave no opinion about working in a “sheltered workshop.”

The ALJ discussed Dr. Norma Brown’s opinion that the claimant “may have mild mental retardation and would likely need to work in a sheltered work environment that…

MEMORANDUM **

Jason Ernst appeals the district court’s judgment affirming the denial of his appli *476 cations for disability insurance benefits and supplemental security income under Titles II and XVI of the Social Security Act. We have jurisdiction under 28 U.S.C. § 1291 . We review the administrative law judge (“ALJ”)’s decision for substantial evidence. Molina v. Astrue, 674 F.3d 1104, 1110 (9th Cir.2012). We vacate and remand for reconsideration.

Ernst is thirty years old. He has been developmentally delayed his entire life, likely as a result of fetal alcohol syndrome. He graduated from an “extended” high school program in 2004, at age twenty. While in high school, he enrolled in a local employment support program, through which he bagged groceries and mopped bathrooms at Safeway. He was fired in 2006 because he had trouble following instructions and remembering to show up for work. Over the next two years, Ernst was hired at, and subsequently fired from, at least five jobs, never remaining em- • ployed for more than three months. In one of these jobs, he worked briefly and unsuccessfully as a janitor. His employers found he could not perform tasks quickly enough, and…

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT FEB 09 2015

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

JASON ERNST, No. 13-35462

Plaintiff - Appellant, D.C. No. 3:12-cv-05297-BHS

v.

MEMORANDUM*

CAROLYN W. COLVIN, Acting Commissioner of Social Security,

Defendant - Appellee.

Appeal from the United States District Court for the Western District of Washington Benjamin H. Settle, District Judge, Presiding

Submitted November 3, 2014**

Before: LEAVY, GRABER, and W. FLETCHER, Circuit Judges.

Jason Ernst appeals the district court’s judgment affirming the denial of his

applications for disability insurance benefits and supplemental security income

under Titles II and XVI of the Social Security Act. We have jurisdiction under

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). U.S.C. § 1291. We review the administrative law judge (“ALJ”)’s decision…