Aranda v. Commissioner Social Security Administration
Opinion of the Court
MEMORANDUM
Stephanie Aranda, daughter of Linda Clark, appeals the final decision of the Commissioner of Social Security denying Clark’s application for disability insurance benefits under Title II of the Social Security Act. We have jurisdiction under 28 U.S.C. § 1291, and we reverse and remand for the calculation and payment of benefits.
Aranda contends that the administrative law judge (“ALJ”) improperly rejected the opinions of Clark’s treating psychiatrist, Dr. Suckow, in favor of the opinion of a non-treating psychologist, Dr. Stoltzfus. We agree. If a treating physician’s opinion is contradicted by other substantial evidence, such as the opinion of an examining physician, it may be rejected only for specific and legitimate reasons supported by substantial evidence. Lester v. Chater,
For the foregoing reasons, we conclude that the ALJ’s reasons for rejecting Dr. Suckow’s opinion were not specific and legitimate.
We therefore reverse the judgment of the district court and remand with instructions that the district court reverse the Commissioner’s denial of benefits and remand to the Commissioner for the calculation and payment of benefits based on an onset date of October 31,1999.
REVERSED and REMANDED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
. Although the dissent is critical of the majority's lack of concern over “the fact that Dr. Suckow did not begin treating Clark until July 1999, more than four years after her initial alleged onset date of March 31, 1995,” the record is clear that Clark’s actual onset date is October 31, 1999, see footnote 2, infra, which is three months after Dr. Suckow began treating Clark.
. Because the AU concluded that Clark was not disabled during the relevant period, he made no finding of an onset date. That date, however, is not controverted. Although Aranda originally alleged an onset date of March 31, 1995, she conceded before the ALJ, and continues to concede, that the correct date of onset is October 31, 1999. We accept this later date of onset for the calculation of disability benefits because it is consistent with the record of medical and work evidence.
Dissenting Opinion
dissenting:
I respectfully dissent. The ALJ gave specific and legitimate reasons, supported by substantial evidence, to discredit the opinion of Clark’s treating psychiatrist, Dr. Suckow, in favor of the opinion of Dr. Stoltzfus. See Lester v. Chater, 81 F.3d 821, 830 (9th Cir. 1995). The ALJ incorporated by reference his January 30, 2004
The majority expresses concern that the ALJ failed to acknowledge that Dr. Stoltzfus examined Clark four-and-a-half years after her date last insured. The majority does not extend similar concern, however, to the fact that Dr. Suckow did not begin treating Clark until July 1999, more than four years after her initial alleged onset date of March 31, 1995, such that the claimant’s evidence was subject to the same criticism. In that context, the failure of the ALJ to discuss the time lapse was not so surprising. More importantly, the claimant does not contend that Clark’s condition improved prior to the examination by Dr. Stoltzfus, so the passage of time is not a persuasive reason to disregard his evaluation.
I would affirm the decision denying benefits.
Reference
- Full Case Name
- Stephanie ARANDA, the Beneficiary of the Claim of Linda Clark, Deceased; Linda Clark, Plaintiffs-Appellants, v. COMMISSIONER SOCIAL SECURITY ADMINISTRATION, Defendant-Appellee
- Cited By
- 4 cases
- Status
- Unpublished