Bennett

dissenting.

I must respectfully dissent from the decision to reverse the district court and to award disability benefits. The Commissioner’s decision to deny benefits may be overturned “only if it is not supported by substantial evidence.” Morgan v. Apfel, 169 F.3d 595, 599 (9th Cir.1999). Substantial evidence means “such relevant evidence as a reasonable mind might accept as adequate to support a decision.” Id. Where the evidence is susceptible to more than one rational interpretation, it is the ALJ’s conclusion that must be upheld. Id.; Andrews v. Shalala, 53 F.3d 1035, 1041 (9th Cir.1995).

In this case, the ALJ found that Bennett had failed to meet her burden of showing that she was disabled by her neck and shoulder pain. Specifically, the ALJ rejected the opinion of Bennett’s treating physician, Dr. Schaffer. The majority is correct to note that such an opinion can be rejected only for “‘clear and convincing’ reasons supported by substantial evidence in the record.” Holohan v. Massanari, 246 F.3d 1195, 1202 (9th Cir.2001) (quoting Reddick v. Chater, 157 F.3d 715, 725 (9th Cir.1998)). I must part ways with the majority, however, with respect to its conclusion that the ALJ…

MEMORANDUM **

Eleanor W. Bennett appeals from the district court’s affirmance of a decision by an Administrative Law Judge (“ALJ”) denying her disability insurance benefits. We reverse and remand for an award of benefits.

The relevant facts are known to the parties and are discussed here only briefly and as necessary. Bennett left work permanently on July 23, 1982 due to severe pain in her neck, back, shoulders, arms, and hands. The pain was caused by an earlier injury. The record contains reports from Bennett’s treating physician, Jerome K. Schaffer, who saw Bennett many times over a number of years. He diagnosed chronic myocervical derangement with myofibrositis and determined that she was entirely unable to work. Further evidence in the record shows that Schaffer was unable to treat Bennett’s pain effectively by medication, in part because she was allergic to many pain medications. He therefore referred her for surgery that he believed might reduce her pain. However, the surgery was unsuccessful in controlling the pain. The record also includes various hospital reports and testimony from Bennett, all consistent with Bennett’s reports of pain and inability to work.

The ALJ…