Judith Johnson v. Michael Astrue

Judith Johnson (“Johnson”) appeals the denial of her application for Social Security Disability Insurance benefits. The parties are familiar with the facts, which we repeat here only to the extent necessary to explain our decision. We have jurisdiction under 28 U.S.C. § 1291 , and reverse.

We review the Commissioner of Social Security’s (“the Commissioner’s”) denial of benefits de novo. Gillett-Netting v. Barnhart, 371 F.3d 593, 595 (9th Cir.2004). We will affirm the Commissioner’s decision if it is supported by substantial evidence and applies the correct legal standards. Batson v. Comm’r of Soc. Sec. Admin., 359 F.3d 1190, 1193 (9th Cir.2004).

“The principles of res judicata apply to administrative decisions, although the doctrine is applied less rigidly to administrative proceedings than to judicial proceedings.” Chavez v. Bowen, 844 F.2d 691, 693 (9th Cir.1988). An ALJ’s finding that a claimant is not disabled creates a presumption of nondisability. Lester v. Chater, 81 F.3d 821, 827 (9th Cir.1995). “The presumption does not apply, however, if there are changed circumstances.” Id. (internal quotation omitted). “An increase in the severity of the claimant’s impairment would…