Annis v. Commissioner Social Security Administration

MEMORANDUM

Teresa Annis appeals the district court’s judgment upholding the administrative law judge’s (“ALJ”) denial of her application for Social Security disability insurance benefits and Supplemental Security Income disability benefits. We review the district court’s order de novo, see Valentine v. Comm’r Soc. Sec. Admin., 574 F.3d 685, 690 (9th Cir.2009), and the ALJ’s determination of no disability for substantial evidence and harmful legal error, see Tommasetti v. Astrue, 533 F.3d 1035, 1038 (9th Cir.2008). We affirm in part, reverse in part and remand to the district court with instructions to remand to the ALJ for further proceedings.

1. The Commissioner concedes the ALJ erred in determining Annis’ work in 2006 was “substantial gainful activity.” See 20 C.F.R. §§ 404.1520 (a)(4)(i), 416.920(a)(4)(i). The error was harmless, however, because the ALJ based his disability findings on alternative and independent reasons under the five-step sequential analysis of §§ 404.1520(a)(4) and 416.920(a)(4). See Tommasetti, 533 F.3d at 1042-43 .

2. The ALJ properly rejected Annis’ testimony that she suffers from joint and nervous system impairments, lupus, colon cancer, a gall…