Flores

MEMORANDUM **

This case involves an application for disability benefits filed by Lalo Flores (“Flores”) under Title II of the Social Security Act. Flores’ application was denied by an Administrative Law Judge (“ALJ”), whose denial became the final decision of the Commissioner of Social Security. Thereafter, Flores appealed the ALJ’s decision to the district court, who affirmed the denial of benefits. Flores now appeals to this court, requesting that we reverse and remand to the Social Security Administration for the immediate payment of benefits.

We review the district court’s decision de novo. Thomas v. Barnhart, 278 F.3d 947, 954 (9th Cir.2002). The underlying decision of the ALJ, however, is entitled to far more deference. The ALJ’s factual findings must be affirmed if supported by substantial evidence. Saelee v. Chater, 94 F.3d 520, 521 (9th Cir.1996). And the ALJ’s legal conclusions must be sustained unless there is clear error. Burch v. Barnhart, 400 F.3d 676, 679 (9th Cir.2005). In other words, we do not lightly substitute our view for that of the ALJ.

The ALJ in this case did not err in failing to conduct a multiple impairments analysis. A multiple impairments analysis…

dissenting:

I respectfully dissent.

I. Background

Lalo Flores worked for five years in the Marine Labors Union. His job required him to lift descaling machines which weighed more than 275 pounds. Although the official work regulations required that the machine be lifted with a crane, a crane was never used. According to Flores there were “a lot of injuries.” Flores himself suffered a back injury at work, which required him to receive emergency and long-term treatment from a physician including prescriptions for numerous pain medications. As a result of the injury, Flores suffers from back and hip pain that radiates into his extremities and has such limitations in his daily activities that his parents assist him at his home with yard work and meal preparation.

Flores’s job also required him to handle hazardous waste. One day at work a coworker “speared” the bag of hazardous material that Flores was assisting to load for transport. The waste “went down [Flores’s] throat” and into his eyes. Because part of Flores’s job was to take samples and analyze the hazardous waste, Flores knew that the material that he ingested “was so toxic, we couldn’t even dispose of it in the State of…