Garcia

Garcia v. Barnhart

Good Law
177 F. App'x 695
United States Court of Appeals for the Ninth CircuitApril 20, 2006No. 04-15812California495 words

Opinion

lead Opinion

MEMORANDUM *

The Administrative Law Judge (“ALJ”) did not offer clear and convincing reasons for rejecting the nearly unanimous psychiatric opinion of severe depression by Garcia’s examining and non-examining physicians. See Lester v. Chater, 81 F.3d 821, 830 (9th Cir.1995). In addition, although the ALJ provided sufficient reasons to reject the opinion of Dr. Rahmati, see Connett v. Barnhart, 340 F.3d 871, 875 (9th Cir.2003), the ALJ did not provide specific and legitimate reasons to reject Dr. Farrukh’s disability opinion or specific workplace limitations. See Reddick v. Chater, 157 F.3d 715, 725 (9th Cir.1998) (ALJ cannot ignore a treating physician’s opinion of disability simply because it embraces the ultimate issue of fact, but must offer specific and legitimate reasons for rejection); Embrey v. Bowen, 849 F.2d 418, 421 (9th Cir.1988) (insufficiently specific reason for rejecting a treating physician’s opinion where the ALJ simply stated that the doctor’s opinion was not supported by objective evidence). 1

*697 Finally, the ALJ did not offer clear and convincing reasons to reject Garcia’s testimony regarding the frequency, severity and duration of his pain. See Bunnell v.…

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