Unpublished Disposition, 874 F.2d 815 (9th Cir. 1989)

MEMORANDUM^* 

Appellant James Barrier appeals the decision of the Secretary of Health and Human Services denying appellant's claim for disability insurance benefits under 42 U.S.C. § 423 (1982). We reverse and remand for further proceedings by the Administrative Law Judge (ALJ).

In United States v. Varney, 846 F.2d 581, 584 (9th Cir.), reh'g granted 859 F.2d 1396 (1988), we held that once a claimant had established a prima facie case of disability by showing that a physical or mental impairment prevents him from engaging in his previous work, the ALJ must give specific reasons supported by substantial evidence for rejecting a claimant's subjective allegations that severe pain prevents claimant from working at all. The ALJ cannot discredit these allegations by simply saying that such allegations are not fully supported by the medical record. In Varney, the ALJ simply concluded that "claimant's reports of subjective symptoms and limitations are exaggerated over what is corroborated by the weight of the objective medical evidence, and to this extent her reports are not credible." 846 F.2d at 584. This absence of specific reasoning, we held, was "improper as a matter of law.... The ALJ must either accept Varney's testimony or make specific findings rejecting it." Id.

In the instant case, the ALJ assumed arguendo that appellant had established a prima facie showing that he could not return to his previous work. The ALJ, who made his findings before Varney was decided, then went on to discredit appellant's allegations of severe pain, concluding that they were not "credible, given the evidence of successful surgery within one year of [appellant's] injury." Excerpt of Record at 6. This explanation is inadequate under Varney. We do not know what evidence the ALJ was relying upon. No examining physician has expressed an opinion as to appellant's ability to work after his surgery; indeed, the doctor who performed the surgery took the position that appellant was too close to surgery to make this determination. Because the ALJ did not make the specific findings required by Varney before disregarding appellant's subjective allegations of severe pain, we REVERSE and REMAND for further proceedings by the ALJ.