United States Ninth Circuit

In the context of social security claims, where an administrative law judge's (ALJ) errs in failing to properly discuss competent lay testimony favorable to a claimant, a reviewing court cannot consider the error harmless unless it can confidently conclude that no reasonable ALJ, when fully crediting the testimony, could have reached a different disability determination.

Appellate Information

• Decided 07/25/2006
• Published 07/25/2006

Judges

• BROWNING, Circuit Judge:, Before: BROWNING, D.W. NELSON, and O'SCANNLAIN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Alan S. Graf and Kimberly K. Tucker, Alan Stuart Graf, P.C., Portland, OR, for the appellant.


• For Appellees:
  
• Robert D. McCallum, Jr., Assistant Attorney General, United States Department of Justice, Washington D.C.;  Karin J. Immergut, United States Attorney, and Craig J. Casey, Assistant United States Attorney, United States Attorney's Office, Portland, OR;  and Vikash Chhagan, Acting Regional Chief Counsel, Region X, and L. Jamala Edwards, Assistant Regional Counsel, Social Security Administration, Office of the General Counsel, Seattle, Washington, for the appellee.