Lester

Lester v. Chater

Bad Law
81 F.3d 821·1995 WL 842536·1995 U.S. App. LEXIS 40906·96 Cal. Daily Op. Serv. 2401
United States Court of Appeals for the Ninth CircuitNovember 3, 1995No. 93-36136California6,513 words

Opinion

Lead Opinion

Reinhardt, J.

James Lester challenges the Commissioner’s denial of his application for Social Security disability benefits. He argues that the Commissioner erred in failing to take into account the combined impact of his mental and physical impairments in determining whether his condition “equalled” a listed impairment, in disregarding the opinions of his treating physician and examining psychologist, and in rejecting his hearing testimony. We agree with Lester on each of these points. Because the Commissioner would have been compelled to find him disabled if not for these errors, we reverse and remand for payment of benefits.

I.

Lester injured his back in June 1968 while working as a meateutter and subsequently underwent two laminectomies. He received disability benefits between 1968 and 1974. After 1974, he worked part-time at various jobs, but ceased working altogether in November 1982 due to his worsening back pain..

Lester reapplied for disability benefits in 1984. This claim was denied after an administrative hearing. The Administrative Law Judge (ALJ) concluded that he was not disabled at any time up to June 21, 1985, the date of the decision. Lester did not seek judicial review of…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.