Cssa

Cero v. Commissioner of Social Security Administration

Good Law
473 F. App'x 536
United States Court of Appeals for the Ninth CircuitMarch 29, 201210-17866California789 words

Opinion

Opinion

MEMORANDUM

Appellant Dean L. Cero appeals the district court’s judgment upholding the Commissioner of Social Security’s denial of his application for disability insurance benefits under Title II of the Social Security Act. He alleges that Parkinson’s disease prevented him from working since February 1, 2001. The Administrative Law Judge (“ALJ”) found that Cero was severely impaired but did not meet or equal any condition listed in 20 C.F.R. Part 404, Subpart P, Appendix 1. The ALJ concluded that Cero could perform his past relevant sedentary work through his date last insured of September 30, 2002, and therefore denied him disability benefits. We review de novo a district court’s judgment upholding the denial of social security benefits, see Orn v. Astrue, 495 F.3d 625, 630 (9th Cir.2007), and we reverse and remand for further proceedings.

The ALJ erred when he failed to provide “clear and convincing” reasons for rejecting the uncontroverted opinions of Cero’s two treating physicians, Dr. Albert Michelbach and Dr. Charles Berniek. See Orn, 495 F.3d at 632 . Notably, the ALJ failed to even mention Dr. Bernick’s opinion. “By disregarding [this] opinion[ ] and making contrary…

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