Pyle

MEMORANDUM **

Carmen Pyle appeals the district court’s order affirming the final decision of the Commissioner of Social Security that Pyle is not entitled to Social Security Disability Insurance Benefits. The parties are familiar with the facts, which we do not repeat, except those relevant to this disposition. This court has jurisdiction under 28 U.S.C. § 1291 . We review the district court’s decision upholding the Commissioner’s denial of benefits de novo, see Gillett-Netting v. Barnhart, 371 F.3d 593, 595 (9th Cir. 2004), and reverse and remand.

This court will affirm the Commissioner’s decision if it is supported by substantial evidence. Batson v. Commissioner of Soc. Sec. Admin., 359 F.3d 1190 , 1193 (9th Cir.2004). “Substantial evidence is more than a mere scintilla, but less than a preponderance.” See Howard ex rel. Wolff v. Barnhart, 341 F.3d 1006, 1011 (9th Cir. 2003).

Pyle argues that the ALJ’s decision to disregard the opinion of non-examining medical expert Dr. Sidney Bolter was not supported by substantial evidence. We agree. The ALJ does not point to substantial evidence in the record to support his decision to discount Dr. Bolter’s opinion. Pyle is correct in her…