Naomi Marsh v. Carolyn Colvin

Bad Law
792 F.3d 1170·2015 WL 4153858·2015 U.S. App. LEXIS 11920
United States Court of Appeals for the Ninth CircuitJuly 10, 201512-17014California1,703 words

Opinion

Opinion

Gould, J.

ORDER

The parties’ “Joint Motion for Clarification of the Court’s June 18, 2015 Opinion” is GRANTED. The opinion in the above-captioned matter, filed on June 18, 2015, is WITHDRAWN. The superseding opinion shall be filed concurrently with this order.

OPINION

Naomi Marsh appeals the district court’s order affirming the Social Security Commissioner’s denial of her application for social security disability benefits. We have jurisdiction under 28 U.S.C. § 1291 , and we vacate and remand with instructions.

I

Marsh applied for disability benefits on November 21, 2006, claiming that she became disabled on October 2, 2001 from a work-related injury to her back, leg, and hip, and from complications arising from a car wreck. After the agency denied her application initially and on reconsideration, Marsh requested a hearing before an Administrative Law Judge (“ALJ”); the ALJ also denied benefits. The record on which the ALJ denied Marsh’s application contains, among other evidence, medical opinions from several doctors, incliiding clinical progress (SOAP) notes from Dr. David H. Betat, M.D. Dr. Betat’s SOAP notes track Marsh’s clinical progress, beginning in September 2003 and ending…

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