Cheri L. Esslinger v. Michael Astrue

MEMORANDUM

Appellant Cheri Esslinger appeals the denial of her deceased father’s, Randall Esslinger’s, application for Social Security Disability Insurance and Supplemental Se curity Income. Appellant argues that substantial evidence does not support the Commissioner’s decision that Esslinger was not disabled. We reverse and remand.

Appellant contends that the Administrative Law Judge (“ALJ”) committed legal error by taking into consideration the impact of alcohol and drug abuse on Esslinger’s limitations during the initial five-step sequential evaluation. We agree. Bustamante v. Massanari, 262 F.3d 949, 955 (9th Cir.2001). Instead, the ALJ should have considered the impact of substance abuse on Esslinger’s impairments only after completing the five-step sequential evaluation and finding Esslinger disabled. Id.

Next, we hold that the ALJ’s physical residual functional capacity (“RFC”) assessment is not supported by substantial evidence. The ALJ provided valid reasons for rejecting the opinions of Drs. Lee and McGrath. However, the ALJ committed legal error by failing to address or evaluate Dr. Amin’s opinion. 20 C.F.R. § 416.927 (c); see Tommasetti v. Astrue, 533 F.3d 1035,…