Glass

Glass v. Barnhart

Good Law
163 F. App'x 470
United States Court of Appeals for the Ninth CircuitJanuary 9, 2006No. 04-55272; D.C. No. CV-02-01638-IEGCalifornia1,432 words

Opinion

Lead Opinion

MEMORANDUM **

Rose M. Glass appeals the district court’s affirmance of the Social Security Commissioner’s decision denying her application for Social Security disability insurance benefits.

We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s affirmance of the Commissioner’s denial of benefits. Tackett v. Apfel, 180 F.3d 1094, 1097 (9th Cir.1999). This Court may set aside the Commissioner’s denial of disability insurance benefits if the administrative law judge’s findings are based on legal error or are not supported by substantial evidence in the record as a whole. Id. Substantial evidence means “more than a mere scintilla but less than a preponderance” of evidence. Id. at 1098 (internal quotation marks omitted). Since we conclude that the administrative law judge (“ALJ”) erred in concluding that Glass was not disabled, we reverse the judgment of the district court and remand with directions to grant benefits.

The ALJ issued his decision in this case on February 20, 2002, finding that Glass was not disabled. He applied the five-step sequential analysis required for cases such as this one. See Tackett, 180 F.3d at 1098-99 (9th Cir.1999). At…

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