Jajo
Jajo v. Astrue
Opinion
Lead Opinion
MEMORANDUM ****
Khaled Jajo, an Iraqi refugee who sustained significant injuries from a car accident before leaving his homeland, appeals the district court’s grant of the Social Security Commissioner’s cross-motion for summary judgment. The district court affirmed the Commissioner’s denial of supplemental security income (“SSI”) disability benefits under Title XVI of the Social Security Act based on Jajo’s inability to work due to depression and post traumatic stress disorder. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We reverse and remand to the district court with instructions to remand to the Commissioner for the calculation and award of benefits.
The district court incorrectly found that the Administrative Law Judge’s reasons for rejecting the opinion of Jajo’s treating physician, Dr. Barros, in favor of that of Dr. Glassman, a consultant who interviewed Jajo once, were specific and legitimate, and based on substantial evidence in the record. See Orn v. Astrue, 495 F.3d 625, 631-33 (9th Cir.2007); Thomas v. Barnhart, 278 F.3d 947, 956-57 (9th Cir.2002); Tonapetyan v. Halter, 242 F.3d 1144, 1148-49 (9th Cir.2001) (citing Lester v. Chater, 81 F.3d 821, 830 (9th…