Css
Donald Morinskey v. Css
Opinion
Opinion
MEMORANDUM
Donald H. Morinskey appeals the district court’s judgment affirming the Commissioner of Social Security’s denial of disability benefits. We have jurisdiction under 28 U.S.C. § 1291 . We reverse and remand for payment of benefits.
“We review the district court’s order affirming the Commissioner’s denial of benefits de novo to ensure that the Commissioner’s decision was supported by substantial evidence and a correct application of the law.” Valentine v. Comm’r of Soc. Sec. Admin., 574 F.3d 685, 690 (9th Cir.2009) (citation, quotation marks, and alterations omitted).
The Administrative Law Judge (“ALJ”) did not “make findings setting forth specific, legitimate reasons” for rejecting Dr. McNairn’s opinion that Morinskey’s abilities to maintain regular attendance, to sustain an ordinary routine, and to complete a normal work day or week without interruption from his bi-polar disorder were moderately impaired. Id. at 692 (citations, quotation marks, and alterations omitted). The ALJ placed great weight on Dr. McNairn’s assessment but did not discuss or analyze the limitations on Morinskey’s inability to sustain gainful employment given his mental illness.