United States District Court, C.D. California
Jay C. Gandhi 'United States Magistrate Judge
reasons set forth in the accompanying Order of Remand,
judgment is entered in Plaintiffs favor and this case is
REMANDED to the Commissioner for proceedings
consistent with the Ninth Circuit's March 13, 2017
STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
BUITRON, Plaintiff-Appellant, v.
A. BERRYHILL, Acting Commissioner Social Security,
and Submitted February 7, 2017 Pasadena, California
from the United States District Court for the Central
District of California Jay Gandhi, Magistrate Judge,
Presiding D.C. No. 2:14-cv-03581-JCG
SCHROEDER, PREGERSON, and MURGUIA, Circuit Judges.
Buitron appeals the district court's decision affirming
the Commissioner of Social Security's denial of
Buitron's application for child insurance benefits and
supplemental security income under Titles II and XVI of the
Social Security Act. To be eligible for the child's
insurance benefits she seeks, the claimant must have a
disability that began before the age of twenty-two. 42 U.S.C.
§ 402(d)(1)(B). Buitron claims disability due to
depression, borderline intellectual functioning and learning
disabilities, as well as attention deficit hyperactivity
disorder ("ADHD"), with an onset date of June 1,
2005, when she was thirteen. She has engaged in no gainful
employment since that time.
is clear that an Administrative Law Judge ("ALJ")
may not reject a treating doctor's opinion without
providing specific and legitimate reasons for doing so.
SeeReddickv. Chater, 157F.3d 715, 725 (9th Cir.
1998). In his decision, after stipulated remand from the
district court, the ALJ effectively rejected the opinions of
Buitron's three treating or examining doctors. The first
was Dr. Thurber, who saw Buitron fifteen times between 2008
and 2010. Dr. Thurber rated Buitron's skills as
"poor to none" with respect to maintaining
attention for two hours, making simple work-related
decisions, and asking simple questions. Dr. Thurber described
Buitron's condition after treatment for mood disorders as
"still very impaired in adult life skills and social
in this case did not expressly reject Dr. Thurber's
opinion, but he mischaracterized it as consistent with the
opinion of the consulting examiner, Dr. Portnoff, who had
opined that Buitron had at most moderate limitations. Their
opinions are not consistent. Dr. Thurber's opinion does
not support ...