Belinda Goulart v. Carolyn Colvin

MEMORANDUM

Belinda Goulart appeals a district court order affirming the Commissioner’s denial of her application for social security disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. §§■ 401-434. We have jurisdiction under 28 U.S.C. § 1291 , and affirm in part, vacate in part, and remand in part.

1. “The.medical opinion of a claimant’s treating physician is entitled to special weight” because “he is employed to cure and has a greater opportunity to know and observe the patient as an individual.” Rodriguez v. Bowen, 876 F.2d 759, 761 (9th Cir.1989) (internal quotation marks omitted). A treating physician’s report must receive controlling weight if it is well-supported and consistent with the record; otherwise, the Administrative Law Judge (“ALJ”) determines the weight it deserves based on specified factors. Orn v. Astrue, 495 F.3d 625, 631 (9th Cir.2007); see Lingenfelter v. Astrue, 504 F.3d 1028 , 1038 n. 10 (9th Cir.2007) (noting that a treating physician’s report may be accorded “greatest weight” even when not controlling). When a treating physician’s report is not contradicted by that of another physician, it can only be rejected for “‘clear…