Haulot

Haulot v. Astrue

Good Law
290 F. App'x 53
United States Court of Appeals for the Ninth CircuitAugust 7, 2008No. 06-17213California956 words

Opinion

Lead Opinion

MEMORANDUM *

Appellant Robert J. Haulot appeals the district court’s judgment affirming the Social Security Administration’s denial of his application for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401-33 . 1 We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse and remand for a calculation of benefits.

1. Treating physician opinion

Haulot contends that the ALJ erred by rejecting the medical opinion of his treating physician, Dr. Wallace, while accepting the testimony of a non-treating, non-examining physician, Dr. Goren, because the ALJ failed to “provid[e] ‘specific and legitimate reasons’ supported by substantial evidence in the record.” Rollins v. Massanari, 261 F.3d 853, 856 (9th Cir. 2001). We agree.

First, the ALJ rejected Dr. Wallace’s opinion because Wallace’s findings were “not supported by his own examinations of the claimant.” In support of his finding, the ALJ relied on an October 2000 exam, more than one year before Haulot’s alleged onset date of disability. We have said, however, that “[wjhere a claimant’s condition becomes progressively worse, medical reports from an early phase of the disease are likely…

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