Almeida v. Barnhart
Almeida v. Barnhart
Opinion of the Court
MEMORANDUM
Plaintiff Joe Almeida appeals from the denial of Social Security disability benefits. We review de novo the district court’s order upholding the decision to deny benefits. Reddick v. Chater, 157 F.3d 715, 720 (9th Cir. 1998). We must affirm the Commissioner’s decision if it is supported by substantial evidence. Id. We hold that this decision was not supported by substantial evidence, however, and reverse for an award of benefits.
1. The administrative law judge (“ALJ”) failed to properly analyze Plaintiffs claim that he suffers from disabling pain. In evaluating such a claim, the ALJ must engage in a two-step analysis. Batson v. Comm’r of Soc. Sec. Admin., 359 F.3d 1190, 1196 (9th Cir. 2004). First, there must be objective medical evidence of an underlying impairment that “ ‘could reasonably be expected to produce pain.’ ” Id. (quoting Smolen v. Chater, 80 F.3d 1273, 1281-82 (9th Cir. 1996)). Second, if there is no evidence of malingering, then “the ALJ may reject the claimant’s testimony about severity of symptoms with ‘specific findings stating clear and convincing reasons for doing so.’ ” Id. (quoting Smolen, 80 F.3d at 1284).
The ALJ found that Plaintiff has degenerative changes of the spine that are severe — an impairment that could reasonably be expected to produce pain — but held that Plaintiffs pain testimony was not credible simply because the extent of pain to which he testified was unsupported by objective medical evidence. The ALJ did not discuss Plaintiffs daily activities or make observations about Plaintiffs demeanor or physical behavior during the hearing. The decision does not follow the guidelines established by the SSA and this court.
Moreover, the ALJ’s reason is, itself, not supported by substantial evidence in the record. Objective medical evidence does support Plaintiffs testimony regarding his pain.
2. Further, the ALJ’s decision to reject the opinion of Plaintiffs treating physician was unsupported by substantial evidence. In general, the opinion of a treating physician should be given greater weight than that of an examining or nonexamining physician. Andrews v. Shalala, 53 F.3d 1035, 1040-41 (9th Cir. 1995). A treating physician’s opinion “can be rejected only with specific and legitimate reasons.” Reddick, 157 F.3d at 725. Here, the ALJ rejected Dr. Winkler’s opinion of Plaintiffs ability to do work-related activities because “[t]he objective medical findings simply do not support such an extreme assessment.” Although there were conflicting opinions from various doctors regarding Plaintiffs ability to work, the ALJ was obliged to provide more than this conclusory explanation for refusing to credit Dr. Winkler’s opinion.
The record has been fully developed, and no useful purpose would be served by remanding. Accordingly, we direct an award of benefits. Smolen, 80 F.3d at 1292.
REVERSED with instructions to award benefits.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.