Hayes

MEMORANDUM **

Marilyn Hayes appeals the district court’s judgment affirming the Commissioner of Social Security’s decision granting in part and denying in part her application for supplemental security income benefits based on disability under Title XVI of the Social Security Act, 42 U.S.C. § 1382c. Hayes alleged inability to work because of hepatitis C, internal bleeding, no energy or strength, need for shoulder surgery, nose and gum bleeding, and enlarged heart. The Administrative Law Judge (“ALJ”) found that Hayes was disabled as of her fiftieth birthday but not before. We have jurisdiction pursuant to 28 U.S.C. § 1291 .

The medical opinion of Hayes’ treating physician, Dr. Watson, and Hayes’ testimony indicated that she had severe fatigue, a non-exertional limitation, see Social Security Ruling 83-10 (1983), reasonably associated with hepatitis. The ALJ provided facially cogent reasons for rejecting Dr. Watson’s opinion and her testimony and instead concluding that she had the ability to perform sedentary tasks despite her non-exertional limitation. However, we conclude that those reasons, and the re-suiting residual functional capacity (“RFC”) determination that Hayes could…