April West v. Carolyn Colvin

MEMORANDUM

April West (“West”) appeals the district court’s order upholding the final decision of the Commissioner of the Social Security Administration (“Commissioner”), which denied her disability insurance benefits. West contends the administrative law judge (“ALJ”) improperly discounted the weight of an examining physician’s opinion and did not give sufficient reasons to reject West’s testimony regarding her symptoms and limitations. We affirm in part and reverse in part.

We agree with West that the ALJ failed to give “specific and legitimate” reasons supported by substantial evidence for disregarding state agency examining physician Dr. Drinkwater’s opinion in favor of the opinion of non-examining agency physician Dr. Farrell. See Moore v. Comm’r of Soc. Sec., 278 F.3d 920, 924 (9th Cir.2002). The ALJ’s decision to give Dr. Drinkwater’s opinion little weight appears based primarily on x-rays taken of West’s spine in June 2008, which Dr. Farrell reviewed in October 2008. However, Dr. Drinkwater’s opinion appears to have been based oh a MRI of West conducted in February 2009, which he described as “very abnormal.” These test results were not even available to Dr. Farrell in…