Perez v. Astrue
Perez v. Astrue
Opinion of the Court
MEMORANDUM
Rosa G. Perez appeals the district court’s judgment affirming the denial of her claim for disability insurance benefits. Because the parties are familiar with the history of this case, we do not recount it here.
I
The Administrative Law Judge (“ALJ”) rejected the opinion of Dr. Deere, Perez’s treating physician, that Perez was disabled and unable to return to work. In so doing, the ALJ did not sufficiently explain his reasons for finding Dr. Deere’s assessments out of proportion with other evidence in the record, and thus failed to “give specific, legitimate reasons for disregarding the opinion of the treating physician.” Batson v. Comm’r of the Soc. Sec. Admin., 359 F.3d 1190, 1195 (9th Cir. 2004) (internal quotation marks omitted).
II
We affirm the district court on other claims raised by Perez. Substantial evidence supports the finding of the ALJ that Perez did not meet or equal a listed impairment under. 20 C.F.R. Pt. 404, Subpt. P, App. 1. Batson, 359 F.3d at 1193. Substantial evidence also supports the ALJ’s decision to discount Dr. Deere’s assessment of Perez’s residual functional capacity, as well as Perez’s testimony regarding her subjective claims. Bunnell v. Sullivan, 947 F.2d 341, 343 (9th Cir. 1991).
REVERSED AND REMANDED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.