Desireh Ava v. Nancy Berryhill
Opinion of the Court
MEMORANDUM
Desireh Ava appeals the district court’s judgment which affirmed the Commissioner of Social Security’s denial of her application for disability insurance benefits. We vacate and remand for further proceedings.
Ava asserts that the administrative law judge (ALJ) erred in determining Ava’s residual functional capacity (RFC) when she rejected central parts of the opinion of an examining physician, Dr. John Godes, without explanation. We agree.
While the opinions of an examining physician can be rejected in favor of the opinions of reviewing physicians, or others, it is error for an ALJ to do so without “providing specific and legitimate reasons that are supported by substantial evidence.” Bayliss v. Barnhart, 427 F.3d 1211, 1216 (9th Cir. 2005); see also Ghanim v. Colvin, 763 F.3d 1154, 1160-61 (9th Cir. 2014); Garrison v. Colvin, 759 F.3d 995, 1012-13 (9th Cir. 2014); Lester v. Chater, 81 F.3d 821, 830-31 (9th Cir. 1995). Here, the ALJ gave no specific reasons for rejecting Dr. Godes’ opinion regarding Ava’s ability to sit, walk, stand, and reach.
That is 'not to say that there is no substantial evidence
VACATED and REMANDED to the district court for further remand to the Commissioner for further proceedings consistent with this disposition. Costs on- appeal are taxed to the Commissioner.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
. We note also, that at one part of his report, Dr. Godes indicated that Ava could never push/pull, but at another part he indicated that she could do so occasionally.
. See 20 C.F.R. § 404.1520(a)(4)(v).
. See Robbins v. Soc. Sec. Admin., 466 F.3d 880, 886 (9th Cir. 2006).
.See, e.g., Thomas v. Barnhart, 278 F.3d 947, 957 (9th Cir. 2002); cf. Valentine v. Comm’r Soc. Sec. Admin., 574 F.3d 685, 692-93 (9th Cir. 2009).
Concurring Opinion
concurring:
I concur in the vacatur and remand of the district court’s decision for the express purpose of remand'to the Administrative Law Judge to more definitively detail the relative weight given to the opinions of the various medical providers. -
Reference
- Full Case Name
- Desireh AVA, Plaintiff-Appellant, v. Nancy A. BERRYHILL, Acting Commissioner Social Security, Defendant-Appellee
- Cited By
- 1 case
- Status
- Unpublished