Sanchez
Sanchez v. Astrue
Opinion
Lead Opinion
MEMORANDUM ***
Frank C. Sanchez appeals from the district court’s judgment affirming the Commissioner of Social Security’s denial of his application for disability insurance benefits and supplemental security income. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review the district court’s decision in a social security case de novo. Burch v. Barnhart, 400 F.3d 676, 679 (9th Cir.2005).
The Administrative Law Judge (ALJ) erred by rejecting the opinion of Sanchez’s examining physician—Dr. Mclntire—re7 garding Sanchez’s limitations in favor of the opinion of a non-examining physician — • Dr. Sharbaugh. First, in light of the vocational expert’s testimony that the job possibilities available to Sanchez changed according to whether he could walk or stand six hours as opposed to four to six hours, we conclude the opinions of Dr. Mclntire and Dr. Sharbaugh are contradictory. Second, the ALJ failed to give any reason for adopting the opinion of Dr. Sharbaugh over the opinion of Dr. Mclntire as to Sanchez’s walking and standing limitation. See Lester v. Chater, 81 F.3d 821, 830-31 (9th Cir.1996) (holding that the opinion of an examining physician that is contradicted by another…