Almeida

Almeida v. Barnhart

Good Law
187 F. App'x 741
United States Court of Appeals for the Ninth CircuitJune 30, 2006No. 04-16527; D.C. No. CV-03-01615-GGHCalifornia625 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiff Joe Almeida appeals from the denial of Social Security disability benefits. We review de novo the district court’s order upholding the decision to deny benefits. Reddick v. Chater, 157 F.3d 715, 720 (9th Cir.1998). We must affirm the Commissioner’s decision if it is supported by substantial evidence. Id. We hold that this decision was not supported by substantial evidence, however, and reverse for an award of benefits.

1. The administrative law judge (“ALJ”) failed to properly analyze Plaintiffs claim that he suffers from disabling pain. In evaluating such a claim, the ALJ must engage in a two-step analysis. Batson v. Comm’r of Soc. Sec. Admin., 359 F.3d 1190, 1196 (9th Cir.2004). First, there must be objective medical evidence of an underlying impairment that “ ‘could reasonably be expected to produce pain.’ ” Id. (quoting Smolen v. Chater, 80 F.3d 1273, 1281-82 (9th Cir.1996)). Second, if there is no evidence of malingering, then “the ALJ may reject the claimant’s testimony about severity of symptoms with ‘specific findings stating clear and convincing reasons for doing so.’ ” Id. (quoting Smolen, 80 F.3d at 1284 ).

*743 At the second step, the ALJ…

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