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MEMORANDUM

Alan Shavin brought an action pursuant to 42 U.S.C. § 405 (g) to obtain judicial review of the final determination of the Social Security Commissioner denying his claim for disability benefits. Shavin filed an application for disability insurance benefits, claiming that he was disabled because of cervical degenerative disc disease and spinal stenosis. The Administrative Law Judge (“ALJ”) issued a final order denying the application, finding that Sha-vin was not disabled within the meaning of the Social Security Act because he was capable of performing his past work. After the Appeals Council denied review, the district court affirmed the denial of benefits. Shavin appeals to this court. We have jurisdiction under 28 U.S.C. § 1291 , and we reverse.

Shavin claims that the ALJ committed legal error because he failed to give the opinion of treating physician Dr. Rappo-port controlling weight and instead incorrectly relied on the report of Dr. McPhee, a consulting physician. We agree. To reject the opinion of treating physician Dr. Rappoport, the ALJ must give “specific and legitimate reasons” for doing so, such as noting legitimate inconsistencies and ambiguities in the…