Treichler v. Comm'r of Soc. Sec., No. 12-35944 (9th Cir. 2014)
Annotate this CasePlaintiff appealed the district court's judgment, affirming in part and reversing and remanding in part, the Commissioner's denial of his application for social security disability insurance. The court concluded that the ALJ erred in failing to provide specific reasons for rejecting plaintiff's testimony regarding the severity of his symptoms and, therefore, reversed the judgment of the district court affirming that portion of the ALJ's decision. The court also concluded that the record does not compel a finding of disability and, therefore, the court remanded for further proceedings.
Court Description: Social Security. The panel affirmed in part and reversed in part the district court’s decision affirming in part and reversing and remanding in part the Social Security Commissioner’s denial of Allen Treichler’s application for disability insurance benefits pursuant to the Social Security Act. The panel held that the administrative law judge erred in failing to provide specific reasons for rejecting Treichler’s testimony regarding the severity of his symptoms, and reversed the district court’s decision to the extent it affirmed the ALJ’s credibility determination. The panel also held that the record does not compel a finding of disability, and remanded to the district court to remand to the agency for further proceedings. Judge Tashima concurred in part and dissented in part. Judge Tashima agreed with the majority that the ALJ erred in discrediting Treichler’s medically determinable pain and symptom testimony based on a boilerplate credibility determination, but disagreed with the majority’s remand for further proceedings. Judge Tashima would hold that the three factors of the credit-as-true rule were satisfied and that there was little doubt that Treichler was disabled, and he would remand for the award of benefits.
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