Hubble v. Social Security Administration
Hubble v. Social Security Administration
Opinion of the Court
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
Further, it is clear from the vocational expert’s testimony that when Hubble’s testimony is appropriately credited, the ALJ would be required to find Hubble disabled. “When an ‘ALJ’s reasons for rejecting the claimant’s testimony are legally insufficient and it is clear from the record that the ALJ would be required to determine the claimant is disabled if he had credited the claimant’s testimony,’ we remand for a calculation of benefits.” Orn v. Astrue, 495 F.3d 625 (9th Cir. 2007).
REVERSED and REMANDED for a calculation of benefits.
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.