Koepke v. Commissioner of Social Security Administration

MEMORANDUM

Greg A. Koepke appeals the district court’s judgment affirming the Commis sioner of Social Security’s final decision to deny his application for disability insurance benefits under Title II of the Social Security Act. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We reverse and remand for further proceedings.

In cases involving social security disability appeals, we review “de novo the decision of the district court affirming the decision of the ALJ.” Tackett v. Apfel, 180 F.3d 1094, 1097 (9th Cir.1999). We “may set aside the Commissioner’s denial of [disability insurance] benefits when the ALJ’s findings are based on legal error or are not supported by substantial evidence in the record as a whole.” Id. at 1097-98 . “Substantial evidence is defined as more than a mere scintilla but less than a preponderance.” Id. at 1098 (internal quotation marks and citation omitted).

Koepke argues that the ALJ improperly failed to credit his statements regarding the extent and nature of his pain and limitations. But the ALJ provided specific reasons why he found Koepke’s testimony unpersuasive and his findings are supported by clear and convincing evidence. See Reddick v.…