Css

Christopherson v. Commissioner of Social Security Administration

Good Law
460 F. App'x 631
United States Court of Appeals for the Ninth CircuitNovember 29, 201110-16928California872 words

Opinion

Opinion

MEMORANDUM

Jennifer Christopherson appeals the district court’s judgment in favor of the Com missioner of the Social Security Administration, and his denial of Christopherson’s application for disability insurance benefits under Title II of the Social Security Act by adopting the decision of the Administrative Law Judge (ALJ). Christopherson contends that the ALJ erred by adopting the opinion of one-time state agency examiner, Dr. Geary, over the assessments of three treating psychiatrists: Dr. Cowley, Dr. Si-dhu, and Nurse Practitioner Pinson. As the facts and procedural history are familiar to the parties, we do not recite them here except as necessary to explain our disposition. We have jurisdiction under 28 U.S.C. § 1291 . We reverse and remand.

First, the district court erred in affirming the ALJ’s rejection of the testimony of three treating physicians, Dr. Cowley, Dr. Sidhu, and Nurse Practitioner Pinson, in favor of examining physician, Dr. Geary’s testimony. Generally, a treating physician’s opinion carries more weight than an examining physician’s. Lester v. Chater, 81 F.3d 821, 830 (9th Cir.1995); see 20 C.F.R. § 404.1527 (d). If the treating physician’s testimony is…

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