Regennitter

Regennitter v. Commissioner of the Social Security Administration

Good Law
166 F.3d 1294·99 Daily Journal DAR 1781·1999 U.S. App. LEXIS 2775·99 Cal. Daily Op. Serv. 1400
United States Court of Appeals for the Ninth CircuitFebruary 24, 1999No. 98-35004California2,941 words

Opinion

Lead Opinion

Thompson, J.

Daniel Regennitter (“Regennitter”) appeals the district court’s order affirming the Commissioner of the Social Security Administration’s (the “Commissioner’s”) denial of his claims for Disability Insurance Benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401 et seq., and Supplemental Security Income under Title XVI of the Act, 42 U.S.C. §§ 1381 et seq. In denying Regennit-ter’s claims, the Administrative Law Judge (ALJ) rejected Regennitter’s testimony, his mother’s testimony, and an examining psychologist’s opinion. Although the ALJ provided what appear to be facially appropriate reasons for his disbelief of this evidence, we conclude that the ALJ’s reasons are not supported by substantial evidence in the record. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse.

Regennitter’s Testimony

Regennitter’s troubles began in 1988 when, while working at a construction site, an 8-by-12-by-20-foot beam fell on his head and rolled onto his shoulder. In 1990, just as he was beginning to recover from back, neck, and shoulder injuries, Regennitter suffered an accidental gunshot wound to his right leg. He testified about his resulting limitations at two…

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