Jimerson

Jimerson v. Barnhart

Good Law
51 F. App'x 208
United States Court of Appeals for the Ninth CircuitNovember 12, 2002No. 01-16866; D.C. No. CV-01-00264-CRBCalifornia485 words

Opinion

Lead Opinion

MEMORANDUM ***

John M. Jimerson appeals the district court’s summary judgment for the Com *210 missioner in Jimerson’s action seeking review of the denial of his application for disability insurance benefits and supplemental security income. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo a district court’s order upholding the Commissioner’s denial of benefits, and we review for substantial evidence and legal error the Commissioner’s decision. Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir.1997) (per curiam). We reverse and remand.

There is an objective medical basis for Jimerson’s pain testimony, and the administrative law judge’s (ALJ’s) reasons for discrediting the extent of Jimerson’s pain are not “clear and convincing.” See Lester v. Chater, 81 F.3d 821, 834 (9th Cir.1995).

Additionally, the ALJ discounted the testimony of Jimerson’s girlfriend without providing any reasons. That was error. See Smolen, 80 F.3d at 1288-89 . Indeed, the ALJ acknowledged that the witness, *211 “to some extent, corroborated” Jimerson’s testimony about the severity of his symptoms.

Finally, the hypothetical presented to the vocational expert to determine Jimerson’s…

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