Aguirre

Aguirre v. Massanari

Good Law
13 F. App'x 509
United States Court of Appeals for the Ninth CircuitJune 18, 2001No. 99-17616; D.C. No. CV-99-05263-DLBCalifornia1,237 words

Opinion

Lead Opinion

MEMORANDUM ***

Appellant Louie Aguirre appeals the Social Security Commissioner’s decision that, although Aguirre’s back pain precluded him from engaging in his past relevant work, he retained the residual functional capacity to “engage in at least a light level of exertion with occasional stooping and crouching involved” and was therefore “not disabled” under the Medical-Vocational guidelines set forth in 20 C.F.R. Pt. 404, Subpt. P, App. 2, Table 2, Rule 202.17. By agreement of the parties, this matter was submitted on the pleadings without oral argument. We have jurisdiction pursuant to 42 U.S.C. § 405 (g) and 28 U.S.C. § 1291 .

On appeal, Aguirre challenges (1) the Administrative Law Judge’s finding that Aguirre has the residual functional capacity to perform a full range of light work, (2) his rejection of the findings and opinions of Aguirre’s treating physician, (3) his failure to obtain vocational expert testimony, (4) his credibility findings, and (5) his disregard of evidence supplied by a third party. Although the ALJ applied the proper legal standards in evaluating Aguirre’s testimony and his treating physician’s opinions, this matter will be remanded to the…

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