Nguyen

Nguyen v. Barnhart

Good Law
170 F. App'x 471
United States Court of Appeals for the Ninth CircuitMarch 8, 2006No. 04-55672California1,221 words

Opinion

Lead Opinion

MEMORANDUM *

Nguyen appeals the district court’s affirmance of the Social Security Commissioner’s decision denying his application for Supplemental Security Income benefits. We have jurisdiction under 28 U.S.C. § 1291 . We reverse and remand for the payment of benefits.

I.

The ALJ rejected the opinions of two of Nguyen’s treating physicians, Drs. Henderson and Sidrick, as well as the opinions of examining psychiatrist Dr. Zappone and examining psychologist Dr. Lessner. 2 These doctors diagnosed Nguyen with recurrent major depression and post-traumatic stress disorder, concluding that these impairments prohibited him from working. The ALJ instead credited the opinion of the state’s examining psychiatrist, Dr. Engelhorn, who reported that he “simply did not see significant psychiatric disability.” Substantial evidence does not support Dr. Engelhorn’s conclusion; thus the ALJ failed to meet the heightened standard required for rejecting the opinions of Nguyen’s treating and examining physicians.

First, Dr. Engelhorn’s opinion is entitled to less weight than those of Nguyen’s treating and examining physicians because it is conclusory, based on a single examination and is…

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