Vick

Vick v. Astrue

Good Law
231 F. App'x 590
United States Court of Appeals for the Ninth CircuitMay 2, 2007No. 05-16595California340 words

Opinion

Lead Opinion

MEMORANDUM **

It is legal error when an ALJ fails to grant deference to the conclusions of a treating physician where this court has advised the Commissioner that he must do so. Ghokassian v. Shalala, 41 F.3d 1300, 1303 (9th Cir.1994). The ALJ’s conclusory assertions—for example that there was “no evidence of consistently severe limitations that would preclude the performance of a wide range of light work”—are not the sort of “specific, legitimate reasons ... based on substantial evidence in the record” that we require when the opinion of a treating physician is rejected in favor of the views of a nonexamining physician. Andrews v. Shalala, 53 F.3d 1035, 1041 (9th Cir.1995) (citations omitted).

Dr. Jensen’s opinion, by itself, does not constitute substantial evidence justifying the rejection of Dr. Katz’s opinion. See Lester v. Chater, 81 F.3d 821, 831 (9th Cir.1995); Gallant v. Heckler, 753 F.2d 1450, 1456 (9th Cir.1984). Even if the opinions of additional nonexamining physicians serve to support the rejection of a treating physician’s views in some cases, the opinions of Drs. Gordon and Jackson are of little consequence because they were formed without the benefit of a…

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