Cysewski

Cysewski v. Astrue

Good Law
290 F. App'x 972
United States Court of Appeals for the Ninth CircuitAugust 26, 2008No. 07-36050California721 words

Opinion

Lead Opinion

MEMORANDUM **

Valene D. Cysewski appeals the district court’s order affirming the Social Security Administration’s denial of her application for disability benefits. The Administrative Law Judge (“ALJ”) determined that notwithstanding Cysewski’s chronic obstructive pulmonary disease and obesity, she was able to perform past relevant work, and therefore was not disabled. Because the ALJ erred in discounting Cysewski’s testimony concerning the effect of her symptoms, and did not make adequate findings concerning Cysewski’s residual functional capacity (“RFC”), we reverse and remand.

The ALJ erred in discounting Cysewski’s testimony regarding the severity of her symptoms. Once a “claimant has presented objective medical evidence of an underlying impairment which could reasonably be expected to produce the pain or other symptoms alleged ... the ALJ can reject the claimant’s testimony about the severity of her symptoms only by offering specific, clear and convincing reasons for doing so.” Lingenfelter v. Astrue, 504 F.3d 1028, 1036 (9th Cir.2007) (internal citations and quotation marks omitted). The ALJ pointed to activities reported in a February 7, 2004, Daily Activities…

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