Ludwig

Ludwig v. Halter

Good Law
5 F. App'x 689
United States Court of Appeals for the Ninth CircuitMarch 2, 2001No. 99-56019. D.C. No. CV-98-01559-JMCalifornia1,025 words

Opinion

Lead Opinion

MEMORANDUM **

Molly Ludwig appeals the judgment of the district court affirming the Commissioner’s denial of disability benefits. We reverse. The parties are familiar with the facts, so we do not recite them here except as necessary to explain our decision.

1. The Administrative Law Judge’s (“ALJ”) determination that Ludwig’s alleged mental disability was not severe may be upheld only if it is supported by substantial evidence in the record. See Richardson v. Perales, 402 U.S. 389, 401 , 91 S.Ct. 1420 , 28 L.Ed.2d 842 (1971); Curry v. Sullivan, 925 F.2d 1127, 1129 (9th Cir.1991). “[A]n impairment may be found not severe only when evidence establishes a slight abnormality that has no more than a minimal effect on an individual’s ability to work.” Corrao v. Shalala, 20 F.3d 943, 949 (9th Cir.1994) (citations and internal quotation marks omitted) (emphasis added); see also Soc. Sec. Ruling 85-28 (stating that “a claim may be denied at step two only if ... a finding [that the relevant impairments are not medically severe] is clearly established by medical evidence”) (emphasis added).

2. Although the claimant bears the burden of proof where the evidence in the record is equivocal,…

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