Heine-O'Brien

Heine-O'Brien v. Astrue

Good Law
359 F. App'x 699
United States Court of Appeals for the Ninth CircuitSeptember 24, 2009No. 08-35699California457 words

Opinion

Lead Opinion

MEMORANDUM **

Linda Heine-O’Brien appeals the affir-mance of the Administrative Law Judge’s denial of her claim for Social Security disability benefits. Heine-O’Brien argues the ALJ improperly discounted the opinion of her treating physicians and improperly rejected her testimony concerning her pain and physical limitations. We agree. Because the ALJ’s decision was unsupported by the requisite substantial evidence, we reverse.

A. Evaluation of Relevant Medical Opinions

The ALJ rejected the testimony of Heine-O’Brien’s treating physicians based on perceived inconsistencies — both within each report and with other testimony — but did not base his rejections “on clear and convincing reasons supported by specific facts in the record that demonstrate[d] an objective basis for [his] finding.” Connett v. Barnhart, 340 F.3d 871, 873 (9th Cir.2003); Magallanes v. Bowen, 881 F.2d 747, 751 (9th Cir.1989).

The ALJ cited insignificant differences within the doctors’ individual reports and differences with Heine-O’Brien’s testimony — for example, whether Heine-O’Brien could walk continuously for thirty, or only fifteen, minutes — and found them to demonstrate a lack of credibility. But, he…

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