Morales

Morales v. Barnhart

Good Law
44 F. App'x 153
United States Court of Appeals for the Ninth CircuitAugust 5, 2002No. 01-17291; D.C. No. CV-99-1529-PHX-JWSCalifornia365 words

Opinion

Lead Opinion

MEMORANDUM **

Shirley A. Morales appeals the decision of the administrative law judge’s denial of social security disability benefits and the district court’s granting partial summary judgment to appellee. We have jurisdic *154 tion under 28 U.S.C. § 1291 and we reverse and remand.

The ALJ rejected Morales’ testimony on the degree of her impairment and limitations as not credible. The district court found that the ALJ’s reasons did not specifically cite to the record, but nonetheless found that the credibility finding was supported by other evidence in the ALJ’s findings. The district court upheld the ALJ’s finding on Morales’ lack of credibility

On this issue of credibility of a social security disability claimant, this court’s analysis in Lester v. Chater, 81 F.3d 821 (9th Cir.1995) is on point. In Lester, 81 F.3d at 834 , we stated:

In the present case, the ALJ failed to provide the prerequisite clear and convincing findings as to why Morales’ testimony should be discredited. The ALJ also failed to specifically identify what testimony is not credible and what evidence undermines Morales’ complaints. When these flaws are considered along with the minimal activity level of…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.