Horton

Horton v. Astrue

Good Law
252 F. App'x 160
United States Court of Appeals for the Ninth CircuitOctober 24, 2007No. 05-36071California459 words

Opinion

Lead Opinion

*161 MEMORANDUM ***

David L. Horton appeals the district court’s judgment affirming the decision of the Commissioner of the Social Security Administration finding that his degenerative disc disease is not disabling. We reverse and remand for an award of benefits.

We are not persuaded that the Administrative Law Judge (ALJ) erred at the second step in failing to consider limitations caused by gout, as there was no evidence that any physician had imposed a work-related functional limitation for this reason. Nor did the ALJ err at the third step, as Horton offered no evidence of motor loss persisting for at least 12 months. See, e.g., Lewis v. Apfel, 236 F.3d 503, 514 (9th Cir.2001).

However, we agree with Horton that the ALJ improperly rejected the opinions of Horton’s treating physicians without providing specific and legitimate reasons supported by substantial evidence in the record. 1 See Lester v. Chater, 81 F.3d 821, 830 (9th Cir.1995). The ALJ failed to take account of evaluations by Dr. Liver-more and Dr. Rubenstein indicating that Horton cannot perform half-time in a normal work setting as he cannot be sitting and/or standing for long periods of time. The Commissioner’s…

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