Clyde Moisa v. Jo Anne B. Barnhart, Commissioner of the Social Security Administration

Good Law
367 F.3d 882·2004 WL 816823·2004 U.S. App. LEXIS 7367
United States Court of Appeals for the Ninth CircuitApril 16, 200402-56672California1,194 words

Opinion

Opinion

Schwarzer, J.

Clyde Moisa appeals the district court’s judgment affirming the denial by the Commissioner of Social Security (“Commissioner”) of his applications for disability insurance benefits and supplemental security income under Titles II and XIV of the Social Security Act, 42 U.S.C. §§ 423 and 1381. The district court had jurisdiction pursuant to 42 U.S.C. § 405 (g) and we have jurisdiction over the appeal under 28 U.S.C. § 1291 . For the reasons discussed below we reverse the district court and remand for award of benefits.

FACTUAL AND PROCEDURAL BACKGROUND

Moisa claimed total disability and an inability to work in two benefits applications filed on November 6, 1998. Following a hearing on January 12, 2000, the Administrative Law Judge (“ALJ”) found that “[t]he medical evidence indicates that the claimant has noninsulin dependent diabetes mellitus; degenerative joint disease; sprain; strain; low back pain; diabetic neuropathy; and hand/finger cramps impairments[sie] that are severe within the meaning of the Regulations.” Based on the medical testimony, however, the ALJ found that Moisa retained the residual functional capacity to perform medium work. A vocational expert (“VE”)…

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