Astrue

Smith v. Astrue

Good Law
252 F. App'x 820
United States Court of Appeals for the Ninth CircuitOctober 30, 2007No. 05-36040California971 words

Opinion

Lead Opinion

MEMORANDUM ***

Plaintiff-Appellant Jean Smith appeals from the district court’s affirmance of the Social Security Administration’s (“SSA”) denial of her application for Disability Insurance Benefits (“DIB”). She argues that the Administrative Law Judge (“ALJ”) failed to conduct an adequate step four analysis and that the ALJ’s determination that she had the residual functional capacity to return to her previous work as a medical office assistant was not based on substantial evidence. We have jurisdiction under 28 U.S.C. § 1291 , and we reverse.

This court reviews the district court’s order de novo. Connett v. Barnhart, 340 F.3d 871, 873 (9th Cir.2003). We will affirm a final decision of the Commissioner unless it is not supported by substantial evidence or is based on legal error. 42 U.S.C. § 405 (g); Connett, 340 F.3d at 875 . If the ALJ fails to provide an adequate basis for review to determine whether the decision is based on substantial evidence, the case must be remanded. See Pinto v. Massanari, 249 F.3d 840, 847 (9th Cm. 2001).

The record in this case is inadequate for several reasons. First, the ALJ improperly rejected the opinion of Smith’s treating physician, Dr.…

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