Ritchotte

Ritchotte v. Astrue

Good Law
281 F. App'x 757
United States Court of Appeals for the Ninth CircuitJune 9, 2008No. 06-16503California562 words

Opinion

Lead Opinion

MEMORANDUM **

Leslie Ritchotte appeals the denial of his application for disability benefits under the Social Security Act. Neither Ritchotte nor the government challenges the Administrative Law Judge’s (“ALJ”) findings with respect to the first four parts of the 20 C.F.R. § 404 inquiry. It is clear from a review of the record as a whole that all of the doctors who examined Ritchotte concur that the problems with his back are a source of constant pain for him. The dispute in this case centers on the ALJ’s residual functional capacity (“RFC”) determination that Ritchotte could perform gainful and substantial work within the economy and, thus, that he was not disabled. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We reverse and remand.

We conclude that the ALJ’s rejection of Ritchotte’s subjective complaints of severe disabling back pain is unsupported by substantial evidence. Bunnell v. Sulli *759 van, 947 F.2d 341 , 345-46 (9th Cir.1991) (en banc) (findings must be supported by substantial evidence in the record and “sufficiently specific to allow a reviewing court to conclude the adjudicator rejected the claimant’s testimony on permissible grounds and did not arbitrarily…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.