Peng See v. Commissioner of Social Security Administration

MEMORANDUM

Peng See (“See”) appeals the district court’s order affirming the decision of the administrative law judge (“ALJ”) denying her application for disability benefits. We review de novo the district court’s order affirming the ALJ’s denial of benefits. Tommasetti v. Astrue, 583 F.3d 1035, 1038 (9th Cir.2008). We may reverse the Commissioner’s decision only if it is not supported by substantial evidence or is based on legal error. Id. We have jurisdiction under 28 U.S.C. § 1291 , and we reverse and remand for further proceedings.

See argues that the ALJ improperly rejected the opinion of Dr. Lessenger, her examining psychologist. An ALJ must provide specific and legitimate reasons supported by substantial evidence to reject the contradicted opinion of a treating or examining physician. Lester v. Chater, 81 F.3d 821, 830 (9th Cir.1996). The ALJ failed to do so here.

The ALJ did not provide adequate reasons for rejecting the opinion of Dr. Les-senger. The ALJ did not address Dr. Lessenger’s diagnoses of PTSD and Depressive Disorder NOS, but by not finding that See had a medically determinable mental impairment, he implicitly and erroneously rejected those diagnoses without…