Rosina Haagenson v. Carolyn Colvin

MEMORANDUM

Rosina Haagenson appeals the district court’s order affirming the administrative law judge’s (“ALJ”) denial of benefits. We have jurisdiction under 28 U.S.C. § 1291 , and we reverse and remand to the district court with instructions to remand to the ALJ for the calculation and award of benefits.

1. The ALJ failed to provide “‘specific, clear and convincing reasons for’ rejecting the claimant’s testimony regarding the severity of the claimant’s symptoms.” Treichler v. Comm’r of Soc. Sec. Admin., 775 F.3d 1090, 1102 (9th Cir. 2014) (citation omitted). None of the AL J’s reasons for rejecting Haagenson’s pain testimony is persuasive.

First, the evidence that Haagenson was laid off from her last job in 2009 for business reasons—prior to her alleged onset date of 2010—has no bearing on either her credibility or the disability determination. Haagenson never denied she was let go for business reasons. More importantly, the reason for her termination is not inconsistent with her testimony that, after her wrist surgery in 2008, she struggled to keep up with her clerical and administrative duties.

Second, the ALJ improperly rejected Haagenson’s testimony based on the fact…