Cssa

MEMORANDUM

Plaintiff-Appellant Randall K. Lubin (“Lubin”) appeals the district court’s judgment upholding the Commissioner of Social Security’s denial of his application for disability insurance benefits under Title II of the Social Security Act. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse and remand for further proceedings.

“We review de novo a district court’s judgment upholding the denial of social security benefits.” Berry v. Astrue, 622 F.3d 1228, 1231 (9th Cir.2010). We “set aside a denial of benefits only if it is not supported by substantial evidence or is based on legal error.” Id. (quoting Bray v. Comm’r of Soc. Sec. Admin., 554 F.3d 1219, 1222 (9th Cir.2009)).

1. Lubin claims the ALJ failed to provide “clear and convincing” reasons for rejecting the uncontradicted opinion of Lu-bin’s treating physician, Dr. Mechling. See Lester v. Chater, 81 F.3d 821, 830 (9th Cir.1995) (“[W]here the treating doctor’s opinion is not contradicted by another doctor, it may be rejected only for ‘clear and convincing’ reasons.”). We agree. The ALJ rejected Dr. Mechling’s assessment of Lubin’s mental health and mental residual functional capacity because it was not…