Trevizo v. Berryhill, No. 15-16277 (9th Cir. 2017)Annotate this Case
The Ninth Circuit reversed the denial of disability benefits and held that the ALJ did not follow the appropriate methodology for weighing a treating physician's medical opinion. In this case, the panel explained that the ALJ should have credited the treating physician's opinion and found that plaintiff was disabled, and the district court erred by developing its own reasons to discount the treating physician's opinion, rather than reviewing the ALJ's reasons for substantial evidence. The panel held that substantial evidence did not support the ALJ's finding that plaintiff's symptoms were not as severe as she testified, particularly in light of the extensive medical record objectively verifying her claims. Because each of the "credit-as-true" factors in Garrison v. Colvin, 759 F.3d 995, 1020 (9th Cir. 2014), was satisfied, remand for the calculation and award of benefits was warranted.
The court issued a subsequent related opinion or order on September 14, 2017.