ALJ erred in discrediting claimant's symptom testimony

Vasquez v. Astrue, No. 06-16817
A ruling upholding a denial of Social Security disability insurance benefits and supplemental security income benefits is vacated and remanded to the Commissioner of Social Security for a hearing on the issue of whether claimant was entitled to benefits where: 1) the ALJ erred in discrediting claimant's symptom testimony, and applying the credit-as-true rule, on remand the ALJ is instructed to accept her symptom testimony as true in determining whether she is entitled to benefits; and 2) for purposes of a finding of mental impairment, the ALJ should have been afforded an opportunity to consider additional evidence generated between the ALJ's decision and an Appeals Council hearing. Read more...

U.S. 9th Circuit Court of Appeals, November 06, 2008

GOVERNMENT BENEFITS, HEALTH LAW

Rogers v. Comm'r of Soc. Sec., No. 05-4369
Denial of social security disability benefits to a claimant alleging she suffers from pain and other symptoms associated with fibromyalgia and rheumatoid arthritis is reversed where: 1) the reasons given for discounting the opinions of claimant's treating physicians and for finding her subjective complaints not credible were insufficient to constitute substantial evidence; and 2) consequently, a residual functional capacity assessment (RFC) and its use in concluding claimant could return to her past relevant work were also flawed.