Taylor

Taylor v. Astrue

Good Law
349 F. App'x 143
United States Court of Appeals for the Ninth CircuitOctober 14, 2009No. 08-16178California394 words

Opinion

Lead Opinion

MEMORANDUM ***

Gary Taylor appeals from the district court’s judgment affirming the final decision of the Commissioner of Social Security (“Commissioner”) denying his application for disability benefits and supplemental security income. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse and remand. We review the district court’s decision upholding the denial of social security benefits de novo, applying the same standard of review as did the district court in reviewing the Commissioner’s decision. See Gillett-Netting v. Barnhart, 371 F.3d 593, 595 (9th Cir.2004) (“The Commissioner’s denial of benefits may be set aside when the ALJ’s findings are based on legal error or are not supported by substantial evidence in the record.”).

We agree with Taylor that the administrative law judge (“ALJ”) improperly rejected the opinion of Dr. Neufeld. After examining Taylor on September 27, 2005, Dr. Neufeld opined that Taylor was unable to work due to his “slow thinking process,” “social anxiety [and] paranoid thoughts,” “difficulty concentrating,” “[inability] to withstand pressure,” and “poor tolerance to stress.” While we agree with the ALJ that Taylor’s psychosis had…

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