Pettigrew

MEMORANDUM **

McRay Pettigrew appeals the summary judgment entered against him, which affirmed the Commissioner of Social Security’s denial of benefits under Title II and Title XVI of the Social Security Act. See 42 U.S.C. §§ 423 ,1382. We reverse.

The Commissioner follows a five step process when he decides whether a person is disabled. See 20 C.F.R. §§ 404.1520 , 416.920. Here, at the fourth step, the Administrative Law Judge determined that Pettigrew could do his past relevant sedentary work and was, therefore, not eligible for benefits. In that the ALJ erred.

First, the ALJ rejected the opinion of Pettigrew’s treating physician that Pettigrew was impaired. Dr. Arthur Sams stated that Pettigrew’s standing and walking were limited to two hours per day, and to one half hour at a time, while his sitting was limited to three to four hours a day, and to one hour at a time. Those limitations would undermine the determination that Pettigrew could perform a sedentary job, such as his past relevant work as an alcohol counselor. See Tackett v. Apfel, 180 F.3d 1094, 1103 (9th Cir.1999). In fact, because sitting, standing and walking encompass a large part of the postural positions that…