Archer

Archer v. Apfel

Good Law
66 F. App'x 121
United States Court of Appeals for the Ninth CircuitMay 19, 2003No. 02-35048; D.C. No. CV-01-00004-CICalifornia614 words

Opinion

Lead Opinion

MEMORANDUM ***

Donald Archer appeals the district court’s judgment affirming the denial of *122 Social Security disability benefits. We have jurisdiction pursuant to 28 U.S.C. § 1291 . Because the facts are known to the parties, we relate them herein only when necessary to understanding our decision.

Archer’s Testimony

The administrative law judge (ALJ) discredited Archer’s subjective testimony regarding pain and gave several specific reasons for doing so. See Reddick v. Chater, 157 F.3d 715, 722 (9th Cir.1998). However, not all of the reasons given were legitimate considerations.

First, the ALJ erred by considering Archer’s good work history before the alleged onset date as evidence for discrediting his testimony. Directly contrary to the position taken by the ALJ, Archer’s good work history over an extended period is a factor that should have enhanced his credibility. Cf. Thomas v. Barnhart, 278 F.3d 947, 959 (9th Cir.2002) (holding that claimant’s “extremely poor work history” shows that she has little propensity to work and negatively affects “her credibility regarding her inability to work”). Archer’s history shows that he was a hardworking person who did not shrink from…

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