Jill Campbell v. Michael Astrue

MEMORANDUM

Jill Campbell appeals the district court’s decision affirming the denial of Social Security disability benefits by the Administrative Law Judge (“ALJ”) on the basis that Campbell’s multiple sclerosis (“MS”) did not render her disabled by June 30, 1996, the last date she was insured. We have jurisdiction under 28 U.S.C. § 1291 , and we reverse and remand for an award of benefits. We review de novo the district court’s decision. See Smolen v. Chater, 80 F.3d 1273, 1279 (9th Cir.1996). We may set aside the ALJ’s decision if it is contrary to law or unsupported by substantial evidence. Id.

Campbell’s diagnosis is not in dispute, and the ALJ did not find her to be untruthful or a malingerer. As such, and because Campbell presented evidence that her underlying impairment could have reasonably caused her fatigue symptoms, the ALJ should have credited Campbell’s testimony of her symptoms’ severity, unless he found clear and convincing reasons not to do so. See Smolen, 80 F.3d at 1281. There are no such reasons to discredit Campbell’s testimony here. Therefore, the ALJ improperly rejected Campbell’s testimony regarding the frequency and duration of her exacerbations. When her…