Scribner

Scribner v. Astrue

Good Law
244 F. App'x 813
United States Court of Appeals for the Ninth CircuitAugust 6, 2007No. 05-36233California735 words

Opinion

Lead Opinion

MEMORANDUM

Sharon L. Scribner appeals from the district court’s order affirming the Commissioner of Social Security’s (“Commissioner”) final decision denying her application for disability insurance benefits under the Social Security Act, 42 U.S.C. § 423 . We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s decision and must uphold the denial of benefits if the Commissioner’s denial is supported by substantial evidence and free of legal error. Batson v. Comm’r of Soc. Sec. Admin., 359 F.3d 1190, 1193 (9th Cir. 2004). We vacate and remand.

I

Ms. Scribner asserts that the Administrative Law Judge’s (“ALJ”) determination of her residual functional capacity (“RFC”) was erroneous because it did not take into account the findings of Dr. Judith B. Page. In addition, Ms. Scribner contends that the ALJ erred in concluding that she could return to her past relevant work as a freight broker.

Finding an RFC that meets “the physical and mental demands of jobs a claimant has performed in the past (either the specific job a claimant performed or the same kind of work as it is customarily *815 performed throughout the economy) is generally a sufficient…

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