Sterling Widmark v. Jo Anne B. Barnhart, Commissioner of Social Security

Sterling Widmark appeals a decision of the district court affirming the Social Security Commissioner’s (“Commissioner”) denial of benefits. An Administrative Law Judge (“ALJ”) found Widmark, though severely impaired, had the residual functional capacity (“RFC”) for the full range of light work. Widmark argues that, in reaching his decision, the ALJ rejected the medical opinion of an examining physician without offering adequate reasons. Wid-mark also claims the ALJ erred in using the Medical-Voeational Guidelines in making his disability determination.

We have jurisdiction under 28 U.S.C. § 1291 , and we hold that the ALJ improperly rejected the examining physician’s opinion regarding Widmark’s thumb. We also hold that this error made the ALJ’s use of the Medical-Vocational Guidelines in his final disability determination improper. Therefore, we reverse and remand for proceedings consistent with this opinion.

I.

Widmark applied for Disability Insurance Benefits and Supplemental Security Income on December 9, 1998, claiming disability with an onset date of May 1, 1997, due to back and neck pain. Both applications were denied.

For a review hearing before an ALJ on April 17,…

concurring in part and dissenting in part:

I respectfully dissent from the court’s conclusion that the ALJ failed to give specific legitimate reasons based on substantial evidence to support his conclusion that the thumb abnormality Dr. Greenleaf observed did not significantly limit the range of work permitted by Widmark’s exertional limitations. Indeed, I am persuaded that substantial evidence supports denial of Widmark’s application for Disability Insurance Benefits and Supplemental Security Income.

Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Edlund v. Massanari, 253 F.3d 1152, 1156 (9th Cir.2001). “Under this standard, the Commissioner’s findings are upheld if supported by inferences reasonably drawn from the record.” Batson v. Commissioner of Social Security Administration, 359 F.3d 1190, 1193 (9th Cir.2004). “[I]f evidence exists to support more than one rational interpretation, we must defer to the Commissioner’s decision.” Id. “[T]he court may not substitute its judgment for that of the Commissioner.” Edlund, 253 F.3d at 1156 .

*1071 In situations of conflicting medical evidence, such as this one,…

454 F.3d 1063 Sterling WIDMARK, Plaintiff-Appellant, v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant-Appellee. No. 04-35952. United States Court of Appeals, Ninth Circuit. Submitted December 9, 2005. * Filed July 26, 2006. COPYRIGHT MATERIAL OMITTED Tim Wilborn, West Linn, OR, for the plaintiff-appellant. Robert D. McCallum, Jr., Assistant Attorney General, Karin J. Immergut, United States Attorney, Craig J. Casey, Assistant United States Attorney, Lucille Gonzales Meis, Region X Chief Counsel, Stephanie R. Martz, Assistant Regional Counsel, Seattle, WA, for the defendant-appellee. Appeal from the United States District Court for the District of Oregon; Janice M. Stewart, Magistrate, Presiding. D.C. No. CV-03-01057-JMS. Before: BROWNING, D.W. NELSON, and O'SCANNLAIN, Circuit Judges. BROWNING, Circuit Judge: 1 Sterling Widmark appeals a decision of the district court affirming the Social Security Commissioner's ("Commissioner") denial of benefits. An Administrative Law Judge ("ALJ") found Widmark, though severely impaired, had the residual functional capacity ("RFC") for the full range of light work. Widmark argues that, in reaching his decision, the ALJ rejected…