Candy Vasquez v. Michael Astrue

MEMORANDUM *

Candy J. Vasquez appeals the ALJ’s decision that she was not disabled within the meaning of the Social Security Act because she retained residual functional capacity sufficient to perform her previous work. The district court affirmed the ALJ. We reverse and remand for the award of benefits.

Given the severity of Vasquez’s impairments, we are convinced that the ALJ *732 erred in finding Vasquez’s testimony not credible and that Vasquez retained residual capacity to work. Reports from several treating physicians, including Doctors Ro-nay, Evans, Huynh, and Melendez, as well as the record as a whole, demonstrate that Vasquez suffered from several disabling conditions: morbid obesity, she weighed over 370 pounds while standing only 4' 10" tall; diabetes and diabetic neuropathy; persistent imbalance causing frequent falls; spinal degeneration; knee and hip pain; difficulty walking; and a host of other impairments that impeded her capacity to work. One treating physician twice opined in his notes that Vasquez was disabled. 1 Vasquez’s testimony was entirely consistent with these impairments: she testified to the substantial limitations and physical pain caused by these…

dissenting:

I respectfully dissent. Although we review the district court’s decision de novo, Edlund v. Massanari, 253 F.3d 1152, 1156 (9th Cir.2001), we must affirm the Commissioner’s decision if it is supported by substantial evidence, Reddick v. Chater, 157 F.3d 715, 720 (9th Cir.1998). In my view, under our deferential standard of review, we must affirm.

The administrative law judge (“ALJ”) gave specific, clear, and convincing reasons, supported by substantial evidence, to discredit Claimant’s testimony about the extent of her claimed disability beginning March 4, 2004. See Thomas v. Barnhart, 278 F.3d 947, 958-59 (9th Cir.2002) (stating standard). I would hold that these reasons sufficed and were supported by substantial evidence.

For example, the ALJ pointed out that the medical records reflected no sustained symptoms or clinical pathology consistent with Claimant’s allegations of severe back and leg pain and neurological deficits. The records of Dr. Rose (2004 and 2005), Dr. Yusufaly (2004), and Dr. Gerson (2004) support this reason.

The ALJ noted that Claimant admittedly gets along well with others and that her depression and anxiety are treatable and manageable.…

FILED

NOT FOR PUBLICATION APR 06 2010

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S . CO U RT OF AP PE A LS

FOR THE NINTH CIRCUIT

CANDY J. VASÏUEZ, No. 08-56608

Plaintiff - Appellant, D.C. No. 5:07-cv-01035-SS

v.

MEMORANDUM *

MICHAEL J. ASTRUE, Commissioner of Social Security,

Defendant - Appellee.

Appeal from the United States District Court for the Central District of California Suzanne H. Segal, Magistrate Judge, Presiding

Argued and Submitted February 5, 2010 Pasadena, California

Before: B. FLETCHER, PREGERSON and GRABER, Circuit Judges.

Candy J. Vasquez appeals the ALJ's decision that she was not disabled

within the meaning of the Social Security Act because she retained residual

functional capacity sufficient to perform her previous worµ. The district court

affirmed the ALJ. We reverse and remand for the award of benefits.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. Given the severity of Vasquez's impairments, we are convinced that the ALJ

erred in finding Vasquez's…