United States Ninth Circuit
Lingenfelter v. Astrue, 04-56934
A decision denying claimant's applications for social security disability insurance benefits and supplemental security income under the Social Security Act is reversed, and remanded for calculation and an award of benefits where: 1) the ALJ did not provide clear and convincing reasons for his adverse credibility determination; and 2) because a vocational expert testified that claimant's pain and physical limitations would eliminate any potential employment, further proceedings were unnecessary.
Appellate Information
- Argued 12/08/2006
- Decided 10/04/2007
- Published 10/04/2007
Judges
- Before: ROBERT R. BEEZER, KIM McLANE WARDLAW, and RICHARD A. PAEZ, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Troy D. Monge, Law Offices of Martin Taller, Anaheim, California, for plaintiff-appellant Allen G. Lingenfelter.
- For Appellees:
- Peter D. Keisler, Assistant Attorney General, Debra W. Yang, United States Attorney, Janice L. Walli, Regional Chief Counsel, Region IX, John C. Cusker, Assistant Regional Counsel, Social Security Administration, San Francisco, California, for defendant-appellee Michael J. Astrue, Commissioner of Social Security Administration.