Denith F. Mullins v. Donna E. Shalala, Secretary of Health & Human Services

56 F.3d 72 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Denith F. MULLINS, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health & Human Services, Defendant-Appellant. No. 93-35763. United States Court of Appeals, Ninth Circuit. Submitted May 1, 1995. * Decided May 24, 1995. Appeal from the United States District Court for the District of Oregon, No. CV-92-01055-HJF; Helen J. Frye, District Judge, Presiding. D.Or. REVERSED AND REMANDED. Before: BROWNING, REAVLEY, ** and NORRIS, Circuit Judges. 1 MEMORANDUM *** 2 The ALJ erroneously rejected Mullins's subjective pain testimony without "specific findings justifying a decision to disbelieve [Mullins] ... supported by substantial evidence in the record." Fair v. Bowen, 885 F.2d 597, 604 (9th Cir. 1989); see also Bunnell v. Sullivan, 947 F.2d 341, 345-46 (9th Cir. 1991). Four of the five reasons cited by the ALJ for rejecting Mullins's testimony are not supported by the record; the fifth is inadequate to support…