Rabadi

Rabadi v. Astrue

Good Law
283 F. App'x 521
United States Court of Appeals for the Ninth CircuitJune 23, 2008No. 06-56700California913 words

Opinion

Lead Opinion

MEMORANDUM ***

Alba Rabadi, the widow of Social Security claimant John A. Rabadi (“Rabadi”), appeals the district court’s decision upholding the determination of the administrative law judge (“ALJ”) that Rabadi was not entitled to disability insurance benefits under the Social Security Act. We have jurisdiction under 28 U.S.C. § 1291 . We reverse and remand.

Rabadi claimed disability based on low back pain, migraine headaches and depression. Mrs. Rabadi argues that the ALJ erred in (1) finding that neither Rabadi’s nor his brother’s or Mrs. Rabadi’s testimony about the severity of his back pain was credible; (2) rejecting the opinions of his treating physicians; (3) finding that his migraine headaches and depression were not severe impairments; (4) failing to consider the side effects of his medications and all of his impairments in combination in making his residual functional capacity assessment; and (5) finding him capable of performing a slightly limited range of light work, including his past work as an insurance salesman. The Commissioner argues that the ALJ’s credibility findings were supported by substantial evidence and free of legal error, and that Rabadi’s remaining…

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