Taylor v. Commissioner Social Security Administration
Docket: No. 08-35332
Court: Court of Appeals for the Ninth Circuit; August 5, 2009; Federal Appellate Court
Frank Taylor appeals the denial of disability benefits by the Commissioner, contending that the administrative law judge (ALJ) improperly dismissed his treating physician's opinion without justification. The court has jurisdiction under 28 U.S.C. § 1291 and has decided to reverse the ALJ’s decision. Dr. Bennett Goss, Taylor's treating physician, indicated that Taylor could not sustain work that required being on his feet for significant periods. The court noted that if Dr. Goss's opinion was unclear, the ALJ was obligated to seek clarification from him, referencing DeLorme v. Sullivan. The ALJ’s conclusion that Taylor could stand and walk for two to four hours in an eight-hour workday, along with a characterization of Dr. Goss’s opinion as consistent with a physical capacity assessment, were deemed insufficient without further clarification, failing to constitute a rational interpretation of Dr. Goss’s opinion as established in Batson v. Commissioner. Consequently, the denial was not supported by substantial evidence. The court reverses and remands the case for the ALJ to reassess Dr. Goss’s opinion, including seeking clarification as needed, and to reconsider the disability determination accordingly, citing Benecke v. Barnhart. The ruling is not intended for publication and does not serve as precedent except as allowed by 9th Cir. R. 36-3.