Davidson
Davidson v. Commissioner of Social Security Administration
Opinion
Lead Opinion
*561 MEMORANDUM **
Floyd Davidson appeals the judgment of the District Court for the District of Oregon reversing the Commissioner of Social Security’s denial of disability insurance benefits and remanding Davidson’s claim to the Commissioner for further proceedings. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
We review the district court’s decision de novo, except that we review for abuse of discretion the district court’s decision pursuant to sentence four of 42 U.S.C. § 405 (g) whether to remand for further proceedings or for an immediate payment of benefits. Harman v. Apfel, 211 F.8d 1172, 1173-74 (9th Cir.2000). We will disturb the decision of the Administrative Law Judge (“ALJ”) only if it contains legal error or is unsupported by substantial evidence. Tidwell v. Apfel, 161 F.3d 599, 601 (9th Cir.1999).
We affirm the district court’s finding that in assessing Davidson’s residual functional capacity (RFC), the ALJ failed to address or provide reasons for rejecting numerous non-severe impairments, side effects of medications, and apparently uncontradicted medical source opinions, and failed to make any finding as to whether Davidson was capable of…