Blau

Blau v. Astrue

Good Law
263 F. App'x 635
United States Court of Appeals for the Ninth CircuitJanuary 17, 2008No. 05-35891California1,031 words

Opinion

lead Opinion

MEMORANDUM ****

Carol Blau (“Blau”) appeals from the district court’s order affirming the Administrative Law Judge’s (“ALJ”) denial of disability insurance benefits. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse and remand for further proceedings.

In concluding that Blau was not entitled to disability benefits, the ALJ found that Blau’s self-reported symptoms of fatigue, body-aches, and impaired memory were inconsistent with her daily activities and the medical evidence of record, and therefore discredited much of her testimony. In addition, the ALJ rejected Blau’s doctors’ diagnoses of chronic fatigue syndrome (“CFS”) and fibromyalgia and excluded both of these ailments from his step-five disability analysis.

1. Blau’s Credibility

The ALJ rejected Blau’s testimony with regard to CFS because Blau testified that she was able to carry out certain daily activities and other endeavors. Specifically, the ALJ concluded that Blau’s subjective symptoms of fatigue, diffuse pain, confusion, and loss of memory were contradicted by the fact that she “still drives, pays bills, does taxes, does shopping, laundry and was able to successfully complete schooling in real…

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