Jami Kerr v. Shirley Chater, Commissioner, Social Security Administration

91 F.3d 152 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jami KERR, Plaintiff-Appellant, v. Shirley CHATER, Commissioner, Social Security Administration, ** Defendant-Appellee. No. 95-15647. United States Court of Appeals, Ninth Circuit. Submitted June 14, 1996. * Decided July 12, 1996. Before: SNEED, PREGERSON and KOZINSKI, Circuit Judges. 1 MEMORANDUM *** 2 Medical reports of plaintiff's condition before January 1990 show that she could not stand for longer than three minutes at a time. See A.R. 331; see also A.R. 329. If credited, moreover, the letter from plaintiff's husband shows that, before her 1990 surgery, she could not function, even seated, for long enough to prepare and eat a meal, without requiring bedrest. See A.R. 385. The ALJ disregarded the husband's letter because it was based on plaintiff's subjective complaints of pain, which the ALJ found not entirely credible. A.R. 23. Under our cases, this was error. See Dodrill v. Shalala, 12 F.3d 915, 918-19…