Abbott

MEMORANDUM **

Paul Abbott (“Abbott”) appeals the district court’s judgment affirming the Commissioner of Social Security’s denial of social security disability benefits. We reverse and remand for an award of benefits.

The Administrative Law Judge (“ALJ”) determined that Abbott was not disabled by discrediting the opinions of Abbott’s treating physician and an examining physician who had assessed Abbott’s ability to work, and by dismissing Abbott’s own testimony establishing the non-exertional limitations caused by his pain. We hold that both decisions were erroneous.

Both Abbott’s treating physician, Dr. Bateman, and the examining physician hired by the Social Security Administration, Dr. Deem, assessed Abbott as incapable of performing any level of work more than half time. The reasons given by ALJ for discrediting the physicians’ opinions were not “specific, legitimate reasons” that were “based on substantial evidence in the record.” See Andrews v. Shalala, 53 F.3d 1035, 1041 (9th Cir.1995). The record contradicts the ALJ’s statements that Dr. Bateman’s reports were inconsistent, that his opinion was not based on “objective medical evidence” and that “the evidence and…