Barnhart

MEMORANDUM *

Constance Center appeals from the district court’s grant of summary judgment approving the denial by the Commissioner of Social Security (“Commissioner”) of Center’s application for disability benefits. We reverse and remand for the award of benefits. Because the parties are familiar with the factual and procedural history of the case, we will not recount it here.

We review de novo the district court’s grant of summary judgment to the Secretary. Andrews v. Shalala, 53 F.3d 1035 , 1040 n. 1 (9th Cir.1995). Viewing the evidence in the light most favorable to the nonmoving party, we must determine whether there are genuine issues of material fact and whether the district court correctly applied the substantive law. Oliver v. Keller, 289 F.3d 623, 626 (9th Cir. 2002). The Commissioner’s denial of benefits may be set aside when the ALJ’s findings are based on legal error or are not supported by substantial evidence in the record. Gillett-Netting v. Barnhart, 371 F.3d 593, 595 (9th Cir.2004).

In this case, the Administrative Law Judge’s (“ALJ”) erred as a matter of law by rejecting the treating physician’s opinion without satisfying the requirements for doing so. To…