Perez

Perez v. Astrue

Good Law
250 F. App'x 774
United States Court of Appeals for the Ninth CircuitSeptember 12, 2007No. 05-16579California383 words

Opinion

Lead Opinion

MEMORANDUM **

Rosa G. Perez appeals the district court’s judgment affirming the denial of her claim for disability insurance benefits. Because the parties are familiar with the history of this case, we do not recount it here.

I

The Administrative Law Judge (“ALJ”) rejected the opinion of Dr. Deere, Perez’s treating physician, that Perez was disabled and unable to return to work. In so doing, the ALJ did not sufficiently explain his reasons for finding Dr. Deere’s assessments out of proportion with other evidence in the record, and thus failed to “give specific, legitimate reasons for disregarding the opinion of the treating physician.” Batson v. Comm’r of the Soc. Sec. Admin., 359 F.3d 1190, 1195 (9th Cir.2004) (internal quotation marks omitted).

*776 We also remand the case to the district court because the ALJ’s findings regarding Perez’s residual functional capacity are internally inconsistent and not supported by substantial evidence. Id. at 1193 . The ALJ found that Perez required “the option to alternate sitting and standing at will to relieve discomfort,” but also found that Perez was “able to stand and/or walk six hours in an eight-hour workday; able to sit six hours…

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