Ferguson v. O'Malley, No. 21-35412 (9th Cir. 2024)
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The United States Court of Appeals for the Ninth Circuit ruled in a case involving a claimant who was denied Social Security benefits. The claimant, who had undergone surgery to treat a brain condition known as Arnold-Chiari malformation, testified to experiencing severe and frequent headaches. However, the Administrative Law Judge (ALJ) rejected his testimony regarding the severity of his headaches, asserting that his headache symptoms were inconsistent with the medical evidence and his daily activities.
The court of appeals found that the ALJ failed to provide clear and convincing reasons for rejecting the claimant's symptom testimony regarding his headaches. It noted that the ALJ did not specify which of the claimant's symptoms were inconsistent with the record evidence. The court also rejected the argument that a claimant must provide independent medical evidence to establish the severity of headaches.
Furthermore, the court found that the claimant's daily activities were not inconsistent with his testimony about the severity and frequency of his headaches. The district court's affirmation of the ALJ's decision based on the claimant's conservative treatment was also found erroneous since the ALJ did not consider this factor. Consequently, the court reversed the judgment of the district court, remanding it back to the ALJ to reconsider the credibility of the claimant's headache symptom testimony.
Court Description: Social Security. The panel reversed the district court’s judgment affirming the Commissioner of Social Security’s denial of claimant’s application for disability benefits, and remanded to the district court with instructions to remand to the administrative law judge (“ALJ”) to reconsider the credibility of claimant’s headache symptom testimony.
The panel held that the ALJ failed to provide clear and convincing reasons for rejecting claimant’s symptom testimony regarding the severity of his headaches.
The ALJ impliedly found that claimant’s medically determinable impairments could reasonably be expected to cause his headaches. However, in evaluating the medical evidence, the ALJ failed to specify which of claimant’s symptoms were, in the ALJ’s view, inconsistent with the record evidence. The panel rejected the Commissioner’s argument, not asserted by the ALJ, that a claimant must provide independent medical evidence to establish the severity of headaches.
The ALJ’s reference to the purported inconsistency between claimant’s headache testimony and his daily activities was not a specific, clear, and convincing reason to discount claimant’s headache testimony because there was no such inconsistency. Because the ALJ did not consider Ferguson’s conservative treatment when it discounted his subjective symptom testimony, the district court erred when it affirmed the ALJ’s decision on that ground.
Judge Rawlinson dissented because the majority opinion fails to apply the substantial evidence standard of review in evaluating the ALJ’s decision, rewrites the facts, and fails to properly credit the evidence that supports the ALJ’s decision.
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