Ter-Oganova

Ter-Oganova v. Barnhart

Good Law
43 F. App'x 146
United States Court of Appeals for the Ninth CircuitJuly 31, 2002No. 99-56995; D.C. No. CV 99-1130-GHK (EE)California884 words

Opinion

Lead Opinion

MEMORANDUM ***

Plaintiff Elmira Ter-Oganova (“Ter-Oganova”) appeals the judgment of the district court affirming the decision of the Commissioner of Social Security Administration (“Commissioner”) to deny her application for supplemental security income (“SSI”) benefits under Title XVI of the Social Security Act (“Act”), 42 U.S.C. § 401 et seq. For the reasons that follow, we reverse the district court and remand the case to the Commissioner for further proceedings. 1 Because the parties are familiar with the facts, we recite here only those necessary to explain our decision.

All of Ter-Oganova’s four treating and examining mental health specialists and two of her treating general practitioners found that she suffered from mental impairments. The ALJ’s decision to reject the uncontroverted medical opinions of Ter-Oganova’s physicians is not supported by “clear and convincing reasons.” Lester v. Chater, 81 F.3d 821, 830 (9th Cir.1995).

The ALJ rejected the evaluation of Dr. Jones because he found Dr. Jones’ conclusion that Ter-Oganova was depressed to be internally “inconsistent” with the evidence in Dr. Jones’ report, but failed to identify a specific inconsistency which would…

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