Sorn

dissenting in part.

I agree with the majority that the judgment of the district court must be reversed. I respectfully dissent, however, from the majority’s decision to award benefits to the petitioner outright. The majority’s decision “is still another example of this court’s insistence that it be the ultimate trier of fact in social security disability cases.” Holohan v. Massanari, 246 F.3d 1195, 1211 (9th Cir.2001) (Fernandez, J., dissenting in part).

When a court of appeals reverses an administrative determination, “the proper course, except in rare circumstances, is to remand to the agency for additional investigation or explanation.” INS v. Ventura, 537 U.S. 12, 16 , 123 S.Ct. 353 , 154 L.Ed.2d 272 (2002). This circuit has chosen to expand this “rare circumstances” direction, and held that a remand awarding social security benefits can be appropriate, apparently regardless if rarely applied, where “(1) the ALJ failed to provide legally sufficient reasons for rejecting the evidence; (2) there are no outstanding issues that must be resolved before a determination of disability can be made; and (3) it is clear from the record that the ALJ would be required to find the…

MEMORANDUM *

Kim Sour Sorn (“Sorn”) appeals the judgment of the district court affirming the decision of an administrative law judge (“ALJ”) denying her claim for social security disability benefits. We reverse.

We must affirm the Commissioner’s denial of benefits if it is supported by substantial evidence, and correctly applies the law. Holohan v. Massanari, 246 F.3d 1195, 1201 (9th Cir.2001). The substantial evidence standard requires more than a scintilla of evidence, but less than a preponderance. Id. We must consider the record as a whole, evaluating evidence that both supports and detracts from the Commissioner’s conclusions. Id.

The ALJ determined that Sorn was not disabled based on his rejection of Dr. Nathan’s opinions. “An ALJ may reject the uncontradicted medical opinion of a treating physician only for ‘clear and convincing’ reasons supported by substantial evidence in the record.” Id. at 1202 (citations omitted). Even if the treating physician’s opinion is controverted by other medical evidence, it is still entitled to deference, and should be weighed under the guidelines set forth in the applicable regulations. Id.; see 20 C.F.R. § 416.927 . Here, the treating…