Wright

Wright v. Astrue

Good Law
234 F. App'x 750
United States Court of Appeals for the Ninth CircuitJuly 6, 2007No. 05-56543California407 words

Opinion

Lead Opinion

MEMORANDUM ***

The Appellant, James Wright, filed an action in district court seeking review of the Commissioner’s final decision denying him Social Security benefits under Title XVI of the Social Security Act, 42 U.S.C. § 1381a. The district court granted the Commissioner’s motion for summary judgment and Wright appeals. We review de *751 novo the district court’s grant of summary judgment. Saelee v. Chater, 94 F.3d 520, 521 (9th Cir.1996). The decision of the Commissioner will, however, be affirmed if free of legal error and supported by substantial evidence. Smolen v. Chater, 80 F.3d 1273, 1279 (9th Cir.1996). We reverse and remand.

Appellant argues that the ALJ failed to provide clear and convincing reasons for rejecting his subjective claims of impairments. The ALJ found Wright “not totally credible for reasons set forth in the body of the decision” but the body of the decision did not actually discuss Wright’s credibility. See Lester v. Chater, 81 F.3d 821, 834 (9th Cir.1995) (“[T]he ALJ must identify what testimony is not credible and what evidence undermines claimant’s complaints.”). Similarly, the ALJ should have pointed out whether he accepted or discounted the…

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