Benjamin Brian Arvin v. Carolyn W Colvin, 2:12-cv-08203

Arvin applied for SSI on August 19, 2009, alleging disability beginning January 1, 2009.
SSA denied benefits initially (October 19, 2009) and on reconsideration (December 4, 2009).
An ALJ, Sally Reason, held a hearing and issued a decision on April 14, 2011 finding Arvin not disabled.
Plaintiff sought Appeals Council review, which was denied, prompting this judicial review action.
The court reverses and remands the Commissioner’s decision for further proceedings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the ALJ properly evaluated listing impairments	Arvin was not properly considered under 12.04/12.09, especially paragraph C.	ALJ adequately assessed criteria and weight of opinions under listings.	Remand for proper listing analysis and weight attribution.
Whether the ALJ gave clear and convincing reasons to reject pain testimony	ALJ failed to credibly reject subjective pain testimony given substantial evidence.	ALJ provided substantial evidence supporting rejection of credibility.	Remand for proper credibility analysis.

Batson v. Comm’r of Soc. Sec. Admin., 359 F.3d 1190 (9th Cir. 2004) (treating-source weight and need for legitimate reasons)
Murray v. Heckler, 722 F.2d 499 (9th Cir. 1983) (necessity of specific, legitimate reasons to disregard treating opinions)
Rollins v. Massanari, 261 F.3d 853 (9th Cir. 2001) (consequences of vague and conclusory reasons in disability decisions)
Smolen v. Chater, 80 F.3d 1273 (9th Cir. 1996) (need for clear and convincing reasons to discount credibility)
Holohan v. Massanari, 246 F.3d 1195 (9th Cir. 2001) (requirements for explaining rejected testimony)