Hubble

Hubble v. Social Security Administration

Good Law
290 F. App'x 56
United States Court of Appeals for the Ninth CircuitAugust 7, 2008No. 06-17117California402 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiff-Appellant Paula Hubble appeals the district court’s decision to remand her claim for disability insurance benefits for further administrative proceedings. Hubble seeks benefits for the period of May 8, 2002, the date she stopped working due to her condition, through November 23, 2003. Hubble argues that the remand should have been for a calculation of benefits and not for further administrative proceedings. Under these circumstances, we review the district court’s decision to remand for abuse of discretion. Benecke v. Barnhart, 379 F.3d 587, 590 (9th Cir.2004). We reverse and remand for a calculation and payment of benefits.

Here the Commissioner acknowledged, and the district court concluded, that the ALJ erred when he discredited Hubble’s testimony of pain for lack of supporting objective medical evidence. It was legal error to discredit Hubble’s testimony on *57 this basis, because she satisfied the test established in Cotton v. Bowen, 799 F.2d 1403 (9th Cir.1986), superseded by statute on other grounds as stated in Bunnell v. Sullivan, 912 F.2d 1149 (9th Cir.1990), by (1) producing objective evidence of an impairment; and (2) demonstrating that the…

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