Jacqueline W. DAVIS, Plaintiff-Appellant, v. Margaret M. HECKLER, Defendant-Appellee

Good Law
868 F.2d 323·1989 WL 10478·1989 U.S. App. LEXIS 1533
United States Court of Appeals for the Ninth CircuitFebruary 13, 198985-2867California2,789 words

Opinion

Opinion

Wilson, J.

Jacqueline Davis appeals from the denial of disability insurance benefits contending that the Administrative Law Judge (“AU”) improperly rejected the opinion of her treating physician. We agree and reverse. In the process we take the opportunity to clarify the legal standard for rejecting the opinion of a treating physician, as well as to explain the claimant’s evidentiary burden in establishing a prima facie case of disability.

FACTS AND PROCEEDINGS BELOW

Davis alleged disability commencing December 30, 1981 due to heart disease. On December 30, 1981, Davis sought medical treatment in response to swelling in her ankles and extreme shortness of breath. Dr. Paul Umino, a general practitioner and Davis’s family physician, diagnosed her condition as congestive heart failure secondary to arteriosclerotic heart disease. A chest X-ray on January 3, 1982 revealed a moderately enlarged heart. The radiologist diagnosed her condition as “mild” congestive heart failure with no evidence of focal pulmonary disease. Dr. Umino placed claimant on medication, and, on a follow-up visit on January 9, 1982, reported marked improvement in her symptoms. A cardiogram taken at this follow-up session…

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