Page

Page v. Commissioner of the Social Security Administration

Good Law
304 F. App'x 520
United States Court of Appeals for the Ninth CircuitDecember 17, 2008No. 07-35281California949 words

Opinion

lead Opinion

MEMORANDUM **

Carole Page appeals the district court’s order upholding the Administrative Law Judge’s (ALJ) denial of disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401-434 . We reverse and remand for further proceedings.

The ALJ rejected Dr. Knower’s opinion that Page’s symptoms would result in regular absences from a full time job, and Dr. Moore’s opinion that Page’s symptoms would require her to lie down for one hour of an eight-hour workday. “To reject [the] uncontradicted opinion of a treating or examining doctor, an ALJ must state clear and convincing reasons that are supported by substantial evidence.” Ryan v. Comm’r of Soc. Sec., 528 F.3d 1194, 1198 (9th Cir.2008) (internal quotation marks and citations omitted). “[A]n ALJ does not provide clear and convincing reasons for rejecting an examining physician’s opinion by questioning the credibility of the patient’s complaints where the doctor does not discredit those complaints and supports his ultimate opinion with his own observations.” Id. at 1199-1200 . This holding applies with no less force to the opinions of treating physicians. See Orn v. Astrue, 495 F.3d 625, 632 (9th…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.