McCollough

McCollough v. Astrue

Good Law
247 F. App'x 925
United States Court of Appeals for the Ninth CircuitSeptember 7, 2007No. 07-35047California278 words

Opinion

Lead Opinion

MEMORANDUM **

Wade McCollough appeals the district court’s order affirming the Commissioner’s final decision denying him disability insurance benefits and supplemental security income benefits under Titles II and XVI of the Social Security Act, 42 U.S.C. §§ 401-34 , 1381-83f. We have jurisdiction under 28 U.S.C. § 1291 , and we reverse.

We review de novo the district court’s order affirming the Commissioner’s denial of benefits. Webb v. Barnhart, 433 F.3d 683, 685-86 (9th Cir.2005). We affirm the ALJ’s determination so long as the ALJ applied the correct legal standards and substantial evidence supports the decision. Id. at 686 .

We conclude that substantial evidence does not support the ALJ’s determination *926 at Step 2 of the sequential analysis that McCollough did not suffer any severe medical impairments that limited his ability to work. The ALJ improperly relied on McCollough’s asserted somatic dysfunction to find that his claims of pain and symptoms were exaggerated, and therefore not credible. McCollough’s somatic condition, however, supports the opposite conclusion. Cf. Carradine v. Barnhart, 360 F.3d 751, 754 (7th Cir.2004) (“If pain is disabling, the fact that its…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.