Amy Kelly v. Michael Astrue

MEMORANDUM

Amy A. Kelly appeals from the district court’s decision affirming the Commissioner of Social Security’s (“Commissioner”) final decision, which concluded that Kelly is not entitled to Disability Insurance Benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401-434 . We reverse in part and remand to the district court with instructions to remand to the Administrative Law Judge (“ALJ”) because we conclude that the ALJ failed to provide specific and legitimate reasons for rejecting the opinions of treating and examining psychiatrists, mental health counselors, social workers, and an advanced registered nurse practitioner. We dismiss in part because we lack jurisdiction to review Kelly’s challenge to the Appeals Council’s decision.

I

Kelly challenges the ALJ’s residual functional capacity determination that she could perform a limited range of “light work.” We review de novo the district court’s review of the Commissioner’s decision. Batson v. Comm’r of Soc. Sec. Admin., 359 F.3d 1190, 1193 (9th Cir.2004). We affirm the decision of the Commissioner if it is supported by substantial evidence and the Commissioner applied the correct legal standards.…