Diana Lopez v. Michael Astrue

Good Law
497 F. App'x 717
United States Court of Appeals for the Ninth CircuitOctober 25, 201211-15774California609 words

Opinion

Opinion

MEMORANDUM

Claimant-appellant Diana Lopez (“Lopez”) appeals the district court’s judgment affirming the Commissioner’s denial of her application for disability insurance under Title II of the Social Security Act. Lopez alleges that she is disabled because of a combination of mental and physical impairments with an onset date of August 12, 1997. We have jurisdiction, 28 U.S.C. § 1291 , and we reverse and remand for a calculation of benefits.

The ALJ failed to provide sufficiently specific findings, supported by the record, to ensure that Lopez’s testimony was rejected on permissible grounds. Bunnell v. Sullivan, 947 F.2d 341, 345-46 (9th Cir.1991). The record does not support the ALJ’s findings that Lopez’s symptoms could be controlled with treatment, that Lopez failed to comply with her treatment regime, or that Lopez’s lack of weight loss, diffuse atrophy, or muscle wasting is indicative of a lower level of pain than Lopez alleged. See Robbins v. Soc. Sec. Admin., 466 F.3d 880, 882 (9th Cir.2006) (“[A] reviewing court must consider the entire record as a whole and may not affirm simply by isolating a specific quantum of supporting evidence.” (internal quotation marks omitted)).…

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