Browning

MEMORANDUM *

Rebecca Browning (“Browning”) appeals the District Court’s order affirming the Commissioner’s decision to deny her disability insurance benefits. On appeal, Browning contends that the decision of the Administrative Law Judge (“ALJ”) was *159 based on legal error and not supported by substantial evidence. We reverse and remand for further proceedings to determine whether Browning has the residual functioning capacity to perform other work available in the national economy.

We do not repeat the factual and procedural history of the case except as necessary because they are known to the parties. Browning applied for disability benefits on December 2, 1998, for health problems relating primarily to fibromyal-gia.

We find that the ALJ erred in two respects. First, the ALJ improperly rejected treating physician James Smith’s opinion that Browning could not work because of her disability. The uncontroverted opinion of a treating physician may be rejected only for clear and convincing reasons. Lester v. Chater, 81 F.3d 821, 830 (9th Cir.1995). Here, Dr. Smith expressed an opinion on at least three occasions that Browning’s pain and fatigue prevented her from working. No…