Alvarez

MEMORANDUM *

Frank Alvarez appeals the district court’s judgment affirming the Commissioner’s termination of Alvarez’s Title II Social Security disability insurance benefits. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 42 U.S.C. § 405 (g) and reverse and remand because the administrative law judge improperly rejected the treating physician’s residual functional capacity (RFC) assessment and substituted his own assessment that is not supported by substantial evidence.

We review de novo the district court’s decision affirming the decision of the ALJ. Bustamante v. Massanari, 262 F.3d 949, 953 (9th Cir.2001). The Commissioner’s termination of benefits can be reversed *158 only if the decision is not supported by substantial evidence or the ALJ has applied incorrect legal standards. 42 U.S.C. §§ 405 (g), 423(f); Bustamante, 262 F.3d at 953 . To terminate benefits, the Commissioner must find that medical improvement occurred, RFC has increased and Alvarez is able to engage in substantial gainful activity. 42 U.S.C. § 423 (f)(1); 20 C.F.R. § 404.1594 (b)(3) (2001).

Alvarez argues that the ALJ erred in rejecting his treating physician’s RFC assessment and finding Alvarez…

Because I conclude that the ALJ’s view of this matter, including his decision to look with skepticism upon Alvarez’s treating physician’s opinions, is (1) supported by substantial evidence, (2) well-documented, and (3) convincing, I respectfully dissent from my colleagues’ disposition of this appeal.