Knepper v. Massanari

Full title: Beverly KNEPPER, Plaintiff-Appellant, v. Larry G. MASSANARI, Acting…

Court: United States Court of Appeals, Ninth Circuit

Date published: Aug 30, 2001

18 F. App'x 561 (9th Cir. 2001)

Opinion

18 Fed.Appx. 561 (9th Cir. 2001) Beverly KNEPPER, Plaintiff-Appellant, v. Larry G. MASSANARI, Acting Commissioner of the Social Security Administration, ^* Defendant-Appellee. No. 99-35948. D.C. No. CV-98-01257-JO. United States Court of Appeals, Ninth Circuit. August 30, 2001

Argued and Submitted March 9, 2001.

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Claimant sought judicial review of the decision of the Commissioner of Social Security Administration denying claimant's application for disability insurance. The United States District Court for the District of Oregon, Robert E. Jones, J., affirmed. Claimant appealed. The Court of Appeals held that: (1) administrative law judge (ALJ) improperly discredited the testimony of applicant, and (2) ALJ should have considered lay testimony regarding onset date of applicant's impairments.

Reversed and remanded with instructions.

Appeal from the United States District Court for the District of Oregon, Robert E. Jones, District Judge, Presiding.

Before T.G. NELSON, GRABER, and RAWLINSON, Circuit Judges.

MEMORANDUM ^**

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.

Appellant Beverly Knepper appeals the district court's order affirming the Social Security Administration Commissioner's decision denying Appellant Knepper's application for disability insurance.

The Administrative Law Judge ("ALJ") improperly discredited Ms. Knepper's

Page 562.

testimony. Upon finding that Ms. Knepper had a severe impairment, the ALJ was required to make specific findings linking his credibility determination to the specific relevant evidence in the record. See Bunnell v. Sullivan, 947 F.2d 341, 345-48 (9^th Cir.1991) (en banc) (holding that once claimant establishes the existence of a medically ascertainable impairment, the ALJ cannot deny disability benefits solely because the degree of impairment is not supported by objective medical evidence, but must make specific findings demonstrating that the ALJ did not arbitrarily discredit claimant's pain testimony).

The ALJ also erred by failing to fully consider lay testimony, including that of Ms. Knepper and her mother, in determining the onset date of Ms. Knepper's impairments, as the medical experts were unable to determine the onset date. See Armstrong v. Comm'r of the Soc. Sec. Admin., 160 F.3d 587, 589-91 (9^th Cir.1998).

Accordingly, we reverse the district court's decision and remand with instructions to the district court to return the case to the ALJ for proper determinations of Ms. Knepper's credibility, the onset date of her impairment, and whether Ms. Knepper is disabled and entitled to benefits.

REVERSED AND REMANDED WITH INSTRUCTIONS.