Wentworth
Wentworth v. Barnhart
Opinion
Lead Opinion
MEMORANDUM **
Ginger Wentworth appeals the district court’s order affirming the Commissioner of Social Security’s decision to deny her disability benefits. 1 We reverse and remand for a hearing before a new Administrative Law Judge (“ALJ”).
The ALJ did not “accord any weight to Dr. Brown’s opinion” that Wentworth was severely disabled. Wentworth argues that the ALJ failed to give proper weight to the determination of Dr. Brown, a treating physician.
The ALJ gave three reasons for discounting Dr. Brown’s opinion. First, he noted that Dr. Brown found that Went-worth suffered from cold weather intolerance, restless leg, cognitive disorder and fevers and held that there was no evidence of these problems elsewhere in the record. Second, he stated that “[a]s usual,” Dr. Brown cited only a few medical studies while leaving out other studies that the ALJ deemed important. Finally, the ALJ stated that “Brown, in short is, a plaintiffs doctor who reports what he is paid to say, i.e., disability.”
Because Dr. Brown’s opinion conflicts with the opinions of both Dr. Anderson and Dr. Jump, the ALJ could reject his opinion by providing “specific and legitimate reasons” supported by…