Wang

Wang v. Astrue

Good Law
291 F. App'x 827
United States Court of Appeals for the Ninth CircuitSeptember 4, 2008No. 06-56769California856 words

Opinion

Lead Opinion

MEMORANDUM ****

Paul L. Wang appeals from the district court’s order upholding the Administrative Law Judge’s (ALJ) denial of disability insurance benefits. We reverse and remand for further proceedings.

The ALJ’s opinion recites that “[t]he claimant’s treating physicians did not report any limitations” on Wang’s residual functional capacity (RFC). A.R. 27. But, as the opinion acknowledges, Wang’s treating physician, Dr. Sobol, opined: that Wang is (1) limited to sedentary work and (2) precluded from prolonged sitting. A non-examining physician, Dr. Brown, whose opinion the ALJ relied upon, proffered contradictory views. First, Dr. Brown testified that Wang could lift up to ten pounds on a frequent basis and lift up to twenty pounds on an occasional basis. See 20 C.F.R. § 404.1567 (a) (“Sedentary work involves lifting no more than 10 pounds at a time.... ”). Second, Dr. Brown testified that Wang could sit “up to six hours.” A.R. 27, 426. As the Commissioner’s brief acknowledges, “[t]he district court agreed with Claimant that the ALJ erred in his treatment of Dr. Sobol’s opinion. The district court found that the ALJ erred by stating that the Claimant’s treating physicians ‘did…

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