Trevizo

Trevizo v. Berryhill

Bad Law
871 F.3d 664
United States Court of Appeals for the Ninth CircuitJuly 10, 2017No. 15-16277California8,808 words

Opinion

Lead Opinion

Wardlaw, J.

ORDER

The opinion filed on July 10, 2017 is amended, and an amended opinion is filed. With these amendments, we deny Defendant-Appellee’s petition for panel rehearing. No future petitions for rehearing or petitions for rehearing en banc will be entertained. The mandate shall issue forthwith.

IT IS SO ORDERED.

OPINION

Vivian Trevizo (“Trevizo”), a 65-year-old woman last employed as a security guard nine years ago, in 2008, appeals the district court’s order affirming the denial of disability benefits by the Commissioner of the Social Security Administration. Trevizo argues that the administrative law judge (“ALJ”) improperly rejected the medical opinion of her treating physician and erroneously discounted her symptom testimony. We reverse the judgment below with instructions to remand to the ALJ for the calculation and award of benefits.

I.

A. Procedural history.

Trevizo applied for disability benefits on April 8, 2010, claiming a disability onset date of August 15, 2008. On June 24, 2010, Trevizo’s claim was denied. On reconsideration on October 29, 2010, however, the agency found that Trevizo met “the medical requirements for disability benefits” as *669 of September 16,…

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