United States Ninth Circuit

Denial of an application for Social Security benefits is reversed and remanded for a calculation of beneifts where: 1) the ALJ did not give "specific, legitimate reasons...that are based on substantial evidence in the record" for dismissing the opinions of claimant's two treating physicians; 2) the ALJ erred in discrediting claimant's testimony as the ALJ's reasons for doing so were not clear and convincing; and 3) when such testimony and opinions are credited, claimant established he is disabled.

Appellate Information

• Decided 07/16/2007
• Published 07/16/2007

Judges

• Before: MARY M. SCHROEDER, STEPHEN S. TROTT and WILLIAM A. FLETCHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Manuel D. Serpa, Esq., Santa Ana, CA, for Plaintiff-Appellant.


• For Appellees:
  
• Kimberly Anne Gaab, Esq., Office of the U.S. Attorney, Fresno, CA, Maria V. Daquipa, Esq., Sarah Ryan, Esq., Social Security Administration, Office of the General Counsel, San Francisco, CA, for Defendant-Appellee.