Wilson

Wilson v. Commissioner of Social Security

Good Law
303 F. App'x 565
United States Court of Appeals for the Ninth CircuitDecember 17, 2008No. 07-15834California649 words

Opinion

lead Opinion

MEMORANDUM *

Carol Wilson (Wilson) appeals the district court’s summary judgment in favor of the Commissioner of Social Security’s denial of Wilson’s application for disability insurance benefits under the Title II of the Social Security Act. We review a district court’s order upholding the Commissioner’s denial of benefits de novo. Schneider v. Comm’r of Soc. Sec. Admin., 223 F.3d 968, 973 (9th Cir.2000). “We may set aside the Commissioner’s denial of benefits when the AL J’s findings are based on legal error or are not supported by substantial evidence in the record as a whole.” Id. We find that the administrative law judge (ALJ) did not support his decision with substantial evidence, and we therefore reverse.

Central to the ALJ’s decision was his determination that Wilson’s testimony regarding the impact of her fibromyalgia and chronic fatigue syndrome (CFS) was not credible. The examples cited by the ALJ failed to meet the “clear and convincing” standard required to discredit a claimant’s testimony as to the severity of her symptoms when she has provided medical evidence of her underlying impairment. Reddick v. Chater, 157 F.3d 715, 722 (9th Cir.1998). Evidence that Wilson…

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