Avendano

MEMORANDUM ***

Steven R. Avendano appeals the district court’s denial of his summary judgment motion and grant of summary judgment for the Commissioner of Social Security. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we review the district court’s holding de novo, Lingenfelter v. Astrue, 504 F.3d 1028, 1035 (9th Cir.2007). We reverse and remand with instructions to remand to the Commissioner for further administrative proceedings to reconsider, consistent with this disposition, whether Avendano is disabled and entitled to benefits.

Avendano argues that the ALJ improperly rejected the opinion of a psychologist who actually examined Avendano in favor of a reviewing psychologist who did not. We agree. “[T]he opinion of an examining doctor, even if contradicted by another doctor, can only be rejected for specific and legitimate reasons that are supported by substantial evidence in the record.” Widmark v. Barnhart, 454 F.3d 1063, 1066 (9th Cir.2006) (internal quotation marks omitted).

The non-examining consultant, Dr. Enos, filled in a check-box form and wrote some sketchy notes at the end of it. Having never examined Avendano himself, Dr. Enos relied on a report of a 2002…