Reinertson

dissenting.

This appeal presents a very close case for the medical witnesses, the administrative law judge, and for this court. Recognizing that reasonable minds can differ on whether a fact finder’s decision is supported by substantial evidence, I respectfully dissent.

The standard of review here, as often, is the determining factor. It is the ALJ who is entrusted by law with the responsibility to evaluate both the medical evidence and the claimant’s credibility. See, e.g., Batson v. Comm’r of Soc. Sec. Admin., 359 F.3d 1190, 1195 (9th Cir.2004). This case is no exception to the general proposition that the trier of fact is best suited to the resolution of fact-specific issues and credibility questions.

It is my view that the medical and testimonial evidence in this case falls almost equally on both sides of the line. The ALJ would not have erred by concluding that *292 the claimant suffers from a severe and downward-spiraling medical condition and is unable to work. Similarly, the ALJ would not have erred by concluding, as this one did, that the claimant is not credible and that it was no coincidence that the escalation of her symptoms neatly paralleled her participation in…

*288 MEMORANDUM *

Claimant Rebecca Reinertson appeals the district court’s decision affirming the Commissioner of Social Security’s denial of her application for disability benefits. We reverse and remand.

1. Credibility Determination

Claimant argues that the adverse credibility determination of the administrative law judge (“ALJ”) is not supported by substantial evidence. Because the ALJ determined that Claimant suffered from a severe impairment, fibromyalgia, the “ALJ could then reject her testimony only upon (1) finding evidence of malingering, or (2) expressing clear and convincing reasons for doing so.” Benton ex rel. Benton v. Barnhart, 331 F.3d 1030, 1040 (9th Cir. 2003).

A. Improper Reasons for the ALJ’s Credibility Determination

With respect to Claimant’s daily activities, the ALJ noted that Claimant “eare[s], alone, for a small child,” and “also cooks, cleans and drives.” We have held that similar daily activities may be sufficient to discredit a claimant’s allegations where the claimant performed those activities “with no significant assistance.” Rollins v. Massanari, 261 F.3d 853, 856 (9th Cir.2001). Here, the record shows, and the ALJ acknowledged, that Claimant…