Monte Law v. Carolyn Colvin

MEMORANDUM

Monte V. Law appeals the district court’s decision affirming the denial of his application for Social Security benefits. We have jurisdiction under 28 U.S.C. § 1291 , and we vacate the ALJ’s decision and remand for further proceedings.

We review the district court’s decision de novo, and we review the ALJ’s decision to ensure it is supported by substantial evidence and free of legal error. Mayes v. Massanari, 276 F.3d 453, 458-59 (9th Cir. 2001).

1. The ALJ did not give clear and convincing reasons for making an adverse credibility determination against Law. See Garrison v. Colvin, 759 F.3d 995, 1015-16 (9th Cir. 2014). The ALJ essentially found that Law’s alleged limitations were inconsistent with (1) his daily activities, (2) his performance during two physical exams, and (3) the objective medical evidence in the record generally.

First, in assessing daily activities, the ALJ erred in equating Law’s ability to sit at home, with his legs elevated in a recliner, to his ability to sit for the same amount of time in a work environment. See id.; see also Fair v. Bowen, 885 F.2d 597, 603 (9th Cir. 1989) (“[M]any home activities are not easily transferable to ... the…