Patricia Swims Under v. Michael Astrue

MEMORANDUM

Patricia Ann Littleplume (formerly known as, and hereinafter referred to as, “Swims Under”) appeals from the district court’s decision affirming the Commissioner of Social Security’s final decision, which concluded that Swims Under is not entitled to Disability Insurance Benefits under Title II or Supplemental Security Income under Title XVI of the Social Security Act. 42 U.S.C. §§ 401-34 , 1381-83f. We have jurisdiction under 28 U.S.C. § 1291 , and we REVERSE and REMAND to the district court with instructions to remand to the Administrative Law Judge.

We review the district court’s decision upholding the Commissioner’s denial of benefits de novo. Edlund v. Massanari, 253 F.3d 1152, 1156 (9th Cir.2001). We reverse the Commissioner’s decision only when it is not supported by substantial evidence or is based on legal error. Id.

There is no question that Swims Under has several severe impairments, including, as the ALJ found, problems with her left rotator cuff, right hip degenerative joint disease, and left knee degenerative joint disease, with history of replacements and surgical interventions. The legal dispute is on impacts of these impairments, and on the…