Morrison

Morrison v. Astrue

Good Law
308 F. App'x 89
United States Court of Appeals for the Ninth CircuitJanuary 9, 2009No. 07-15960California556 words

Opinion

Lead Opinion

MEMORANDUM ***

Angelique Morrison appeals from the judgment affirming the Commissioner of Social Security’s final decision to deny her application for Supplemental Security Income Disability benefits under Title XVI of the Social Security Act, 42 U.S.C. § 1381 . The Social Security regulations establish a five-step inquiry to determine whether a claimant is entitled to benefits, 20 C.F.R. § 416.920 , and Morrison contests the administrative law judge’s (ALJ) decisions at steps three and five. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse and remand for further proceedings.

First, we conclude that substantial evidence supported the ALJ’s determination at step three that Morrison’s severe mental impairments did not meet or equal one of the listings set forth in 20 C.F.R. Pt. 404, Subpt. P, App. 1. As required, the ALJ gave specific and legitimate reasons, supported by substantial evidence, to reject Morrison’s treating physician’s conclusory and controverted opinion that she was “totally incapacitated,” as well as the opinions of two examining physicians. See Bayliss v. Barnhart, 427 F.3d 1211, 1216 (9th Cir.2005).

We further agree that substantial evidence…

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