Robbins

Leroy J. Robbins appeals an affirmance of the Commissioner of Social Security’s partial denial of benefits. We have jurisdiction to review under 28 U.S.C. § 1291 . We reverse and remand because the Commissioner’s decision is not supported by substantial evidence.

I. Background

In October 1996, Robbins filed applications for supplemental security income and disability insurance benefits. He alleged he has been disabled since August 1993 by depression and severe impairments to his neck, left shoulder, back and knees. After his applications were denied initially and upon reconsideration, Robbins requested and was granted a hearing in March 1999 before Administrative Law Judge (“ALJ”) Eileen Burlison during which the August 1998 testimony of Robbins and his son Rodney were accepted into the record. Judge Burlison denied Robbins’s claims and, in August, 2000, the Social Security Appeals Council denied his request for review. Robbins then filed a complaint for review with the district court.

In August 2001, based on a stipulation by the parties, the district court reversed Judge Burlison’s determination. The district court ordered the ALJ on remand to: order and evaluate a…

I. Background

In October 1996, Robbins filed applications for supplemen- tal security income and disability insurance benefits. He alleged he has been disabled since August 1993 by depression and severe impairments to his neck, left shoulder, back and knees. After his applications were denied initially and upon reconsideration, Robbins requested and was granted a hearing in March 1999 before Administrative Law Judge (“ALJ”) Eileen Burlison during which the August 1998 testimony of Robbins and his son Rodney were accepted into the record. Judge Burlison denied Robbins’s claims and, in August, 2000, the Social Security Appeals Council denied his request for review. Robbins then filed a complaint for review with the district court. 17968 ROBBINS v. SSA In August 2001, based on a stipulation by the parties, the district court reversed Judge Burlison’s determination. The district court ordered the ALJ on remand to: order and evalu- ate a consultative exam as to Robbins’s mental impairment claim; hold a new hearing; reevaluate the credibility of Rob- bins and of other lay testimony; and reevaluate Robbins’s residual functional capacity (“RFC”) and ability to…

dissenting.

I respectfully dissent from the court’s holding that reversal and remand are required in this case. The administrative law judge’s (“ALJ”) analysis is thorough and cogent, and it should be affirmed.

I

First, the majority overturns the ALJ’s adverse credibility determination. Maj. Op. at 882-85. I disagree with its analysis, and I would instead hold that the ALJ satisfied the requirement of providing “clear and convincing” reasons for its finding, which is supported by substantial evidence in the record as a whole. See Reddick v. Chater, 157 F.3d 715, 722 (9th Cir.1998); Johnson v. Shalala, 60 F.3d 1428, 1433 (9th Cir.1995).

A

As the majority suggests, we have held previously that “[t]he claimant need not produce objective medical evidence of the pain or fatigue itself, or the severity thereof.” Smolen v. Chater, 80 F.3d 1273, 1282 (9th Cir.1996). In other words, an ALJ “may not discredit the claimant’s allegations of the severity of pain solely on the ground that the allegations are unsupported by objective medical evidence.” Bunnell v. Sullivan, 947 F.2d 341, 343 (9th Cir.1991) (en banc) (emphasis added); accord 20 C.F.R. § 416.929 (c)(2). That point of law is…