Rhodes

MEMORANDUM

Kathryn Rhodes appeals the district court’s denial of a petition for review from the final decision of the Commissioner of the Social Security Administration denying Rhodes’ social security disability claim. We have jurisdiction under 28 U.S.C. § 1291 , and we reverse and remand for further proceedings. Because the parties are familiar with the factual and procedural background of this case, we will not recount it here.

1. An administrative law judge (“ALJ”) is entitled to reject a petitioner’s testimony if he or she provides “specific, clear and convincing reasons.” Smolen v. Chater, 80 F.3d 1273, 1281 (9th Cir.1996). Here, the ALJ rejected Rhodes’ testimony concerning her symptoms. The only rationale given was that the testimony “was not supported by the evidence as a whole”— specifically, it was not supported by Dr. Moore’s assessment and by Rhodes’ disability report of March 26, 1994. However, the daily activities listed in Rhodes’ disability report do not conflict with her testimony of neck pain because the ability and desire to perform some daily activities does not negate a finding of disability, particularly when the activities are not substantial ones that…