Bernard Laborin v. Nancy Berryhill, 867 F.3d 1151 (9th Cir. 2017). · Go Syfert
Bernard Laborin v. Nancy Berryhill, 867 F.3d 1151 (9th Cir. 2017). Cases Citing This Book View Copy Cite
475 citation events (475 in the last 25 years) across 12 distinct courts.
Strongest positive: Kitter v. Commissioner Social Security Administration (ord, 2025-08-19)
Treatment trajectory · 2017 → 2026 · click a year to view as-of
2017 2021 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Kitter v. Commissioner Social Security Administration
D. Or. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
he alj must take the claimant's subjective experiences . . . into account when determining the rfc.
discussed Cited as authority (verbatim quote) Long v. Commissioner of Social Security
S.D. Cal. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
ike our sister circuits, we have stated that inclusion of this flawed 18 boilerplate language is not, by itself, reversible error and can be harmless
examined Cited as authority (verbatim quote) (SS) Eidson v. Commissioner of Social Security
E.D. Cal. · 2023 · quote attribution · 1 verbatim quote · confidence high
he alj must give specific, clear, and convincing reasons 19 for rejecting the testimony by identifying which testimony found not credible and 20 explaining which evidence contradicted that testimony ... this boilerplate language does neither.
discussed Cited as authority (verbatim quote) Cruz v. Kijakazi
S.D. Cal. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the alj assesses a claimant's rfc 27 'based on all the relevant evidence in case record.
discussed Cited as authority (verbatim quote) Stenson v. Saul
N.D. Cal. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
he alj must give specific, 6 clear, and convincing reasons for rejecting the testimony by identifying which testimony 7 found not credible and explaining which evidence contradicted that testimony.
examined Cited as authority (verbatim quote) Norris v. Commissioner of Social Security Administration
D. Ariz. · 2020 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
because the 15 claimant's symptom testimony must be taken into account when the alj assesses the 16 claimant's rfc, it cannot be discredited because it is inconsistent with that rfc. puts the cart before the horse.
examined Cited as authority (verbatim quote) Longton v. Commissioner Social Security Administration (3×) also: Cited as authority (rule), Cited "see"
D. Or. · 2019 · quote attribution · 1 verbatim quote · confidence high
by discrediting a claimant's statements concerning the intensity, persistence and limiting effects of symptoms . . . to the extent they are inconsistent with the rfc, the alj puts the cart before the horse.
discussed Cited as authority (quoted) Mafara-Reed v. Commissioner Social Security Administration
D. Or. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
because the claimant's symptom testimony must be taken into account when the alj assesses the claimant's rfc, it cannot be discredited because it is inconsistent with that rfc.
discussed Cited as authority (quoted) Galczynski v. Commissioner Social Security Administration (2×) also: Cited "see"
D. Or. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
because the claimant's symptom testimony must be taken into account when the alj assesses the claimant's rfc, it cannot be discredited because it is inconsistent with that rfc.
examined Cited as authority (quoted) (SS) Herrick v. Commissioner of Social Security
E.D. Cal. · 2022 · quote attribution · 1 verbatim quote · confidence low
he alj must give specific, clear, and convincing reasons for rejecting 15 the testimony by identifying which testimony found not credible and explaining 16 which evidence contradicted that testimony . . . this boilerplate language does neither.
discussed Cited as authority (quoted) (SS) Foster v. Commissioner of Social Security
E.D. Cal. · 2021 · quote attribution · 1 verbatim quote · confidence low
because the claimant's symptom testimony must be taken into account when the 25 alj assesses the claimant's rfc, it cannot be discredited because it is inconsistent with that 26 rfc.
cited Cited as authority (rule) Aaron Thomas G. v. Commissioner of Social Security Administration
D. Idaho · 2026 · confidence medium
Laborin v. Berryhill, 867 F.3d 1151, 1155 (9th Cir. 2017); Dodrill v. Shalala, 12 F.3d 915, 918 (9th Cir. 1993).
discussed Cited as authority (rule) Matthew J. v. Commissioner, Social Security Administration
D. Or. · 2026 · confidence medium
The ALJ cannot dismiss competent lay testimony without comment (id.), including “‘descriptions and observations of [the claimant’s] limitations from [the claimant’s] impairment(s), including limitations that result from [the claimant’s] symptoms, such as pain, provided by’ the claimant, family, friends, and other people.” Laborin v. Berryhill, 867 F.3d 1151, 1153 (9th Cir. 2017) (alterations in original) (quoting 20 C.F.R. §§ 404.1545 (a)(3), 416.945(a)(3)).
cited Cited as authority (rule) Johnathan F. v. Frank Bisignano, Commissioner of the Social Security Administration
S.D. Cal. · 2026 · confidence medium
Laborin v. Berryhill, 867 F.3d 1151, 1153 (9th Cir. 2017).
examined Cited as authority (rule) GINGER DIANE G. v. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION (3×)
D. Idaho · 2025 · confidence medium
Laborin v. Berryhill, 867 F.3d 1151, 1155 (9th Cir. 2017); Dodrill v. Shalala, 12 F.3d 915, 918 (9th Cir. 1993).
discussed Cited as authority (rule) Gaye L. Brown v. Commissioner of Social Security
E.D. Cal. · 2025 · confidence medium
ECF No. 13 at 3 (citing SSR 96-8p, 1996 WL 374184 , at *5). 17 An RFC is, in short, “the most [a claimant] can still do despite [his or her] limitations.” 18 Laborin v. Berryhill, 867 F.3d 1151, 1153 (9th Cir. 2017) (citing 20 C.F.R. § 416.945 (a)(1)).
cited Cited as authority (rule) Erika M. v. Frank Bisignano, Commissioner of Social Security
C.D. Cal. · 2025 · confidence medium
See 20 C.F.R. §§ 404.1545 (a), 416.945(a); Laborin v. Berryhill, 867 F.3d 1151, 1153 (9th Cir. 2017).
discussed Cited as authority (rule) Breanna Kalaisha B. v. Frank Bisignano, Commissioner of Social Security
D. Nev. · 2025 · confidence medium
The residual functional assessment must consider all evidence in the record and 8 “contain a thorough discussion and analysis of the objective medical and other evidence . . .” 9 Laborin v. Berryhill, 867 F.3d 1151, 1153 (9th Cir. 2017) (citing Social Security Ruling 96-8p). 10 “The RFC is an administrative assessment of the extent to which an individual’s medically 11 determinable impairments . . . may affect his or her capacity to do work-related physical and mental 12 activities.” Id. (quoting Social Security Ruling 96-8p). “[T]he ALJ is responsible for translating 13 and incorp…
discussed Cited as authority (rule) W.F. v. Commissioner of Social Security
N.D. Cal. · 2025 · confidence medium
See Garrison, 759 F.3d at 1014 (explaining claimant testimony may only be 14 discounted by pointing to specific, clear and convincing reasons from the record); Laborin 15 v. Berryhill, 867 F.3d 1151, 1153 (9th Cir. 2017) (explaining an RFC determination must 16 consider and discuss all relevant medical and nonmedical evidence in the record). 17 C.
discussed Cited as authority (rule) Jolene Pittillo v. Commissioner of Social Security Administration
D. Ariz. · 2025 · confidence medium
The ALJ assesses a claimant’s RFC “based on all the relevant evidence in 13 [the] case record.” Laborin v. Berryhill, 867 F.3d 1151, 1153 (9th Cir. 2017) (alteration in 14 original) (quoting 20 C.F.R. § 416.945 (a)(1)).
cited Cited as authority (rule) Jamie N. K. v. Acting Commissioner of Social Security
W.D. Wash. · 2025 · confidence medium
Laborin v. Berryhill, 867 F.3d 1151, 1155 (9th Cir. 9 2017).
discussed Cited as authority (rule) James L. v. SSA Commissioner
N.D. Cal. · 2025 · confidence medium
Legal Standard 4 A claimant’s residual functional capacity is an assessment of “the extent to which an 5 individual’s medically determinable impairment(s), including any related symptoms, such as pain, 6 may cause physical or mental limitations or restrictions that may affect his or her capacity to do 7 work-related physical and mental activities.” Laborin v. Berryhill, 867 F.3d 1151, 1153 (9th Cir. 8 2017) (citing SSR 96-8p).
cited Cited as authority (rule) Luis Reyes v. Martin O'Malley
C.D. Cal. · 2025 · confidence medium
See 20 C.F.R. §§ 404.1545 (a)(1), 416.945(a)(1); Laborin v. 14 Berryhill, 867 F.3d 1151, 1153 (9th Cir. 2017).
cited Cited as authority (rule) Davis v. O'Malley
D. Idaho · 2025 · confidence medium
To support this argument, Petitioner cites to Laborin v. Berryhill, 867 F.3d 1151, 1155 (9th Cir. 2017).
discussed Cited as authority (rule) Rodriguez v. Bisignano
D. Nev. · 2025 · confidence medium
Id. at § 416.945(a). 9 The residual functional assessment must consider all evidence in the record and “contain a 10 thorough discussion and analysis of the objective medical and other evidence . . .” Laborin v. 11 Berryhill, 867 F.3d 1151, 1153 (9th Cir. 2017) (citing Social Security Ruling 96-8p).
cited Cited as authority (rule) Alexander Vega v. Carolyn Colvin
C.D. Cal. · 2025 · confidence medium
See 20 C.F.R. §§ 27 404.1545(a)(1), 416.945(a)(1); Laborin v. Berryhill, 867 F.3d 1151, 1153 (9th Cir. 28 2017).
discussed Cited as authority (rule) Pullen v. Commissioner of Social Security
W.D. Wash. · 2025 · confidence medium
“General findings are insufficient; rather, the ALJ must identify what 21 testimony is not credible and what evidence undermines the claimant's complaints.” Berry v. 22 Astrue, 622 F.3d 1228, 1234 (9th Cir. 2010) (internal quotation marks and citation omitted). 23 24 1 While the ALJ is not required to believe every claim of disabling pain, Ahearn v. Saul, 2 988 F.3d 1111, 1116 (9th Cir. 2021), or to analyze the claimant's testimony “line-by-line,” 3 Lambert v. Saul, 980 F.3d 1266, 1277 (9th Cir. 2020), the ALJ must identify “which testimony 4 [the ALJ] found not credible” and expla…
discussed Cited as authority (rule) Jimmerson v. Bisignano
D. Nev. · 2025 · confidence medium
Id. at §§ 404.1545(a), 416.945(a). 25 The RFC assessment must consider all evidence in the record and “contain a thorough discussion 26 of the objective medical and other evidence.” Laborin v. Berryhill, 867 F.3d 1151, 1153 (9th Cir. 27 28 3 The Court’s citations refer to the CM/ECF pagination. 1 2017) (citing Social Security Ruling 96-8p, 61 Fed.
discussed Cited as authority (rule) Scielzi v. Commissioner of Social Security
W.D. Wash. · 2025 · confidence medium
Plaintiff argues the ALJ’s analysis lacked sufficient 7 specificity, improperly employed an objective medical evidence standard, and improperly 8 attempted to create a false equivalency between activities of daily living and competitive work. 9 The Court, for the reasons set forth below, finds no error. 10 First, an ALJ’s finding rejecting a claimant’s testimony must be sufficiently specific to 11 allow a court to conclude the ALJ rejected the testimony on permissible, not arbitrary grounds. 12 Brown-Hunter v. Colvin, 806 F.3d 487, 493 (9th Cir. 2015). “‘General findings are insuffic…
cited Cited as authority (rule) Dawisha-Sexton v. Commissioner Social Security Administration
D. Or. · 2025 · confidence medium
Br. at 14 (citing Berry v. Astrue, 622 F.3d 1228, 1234 (9th Cir. 2010) and Laborin v. Berryhill, 867 F.3d 1151, 1153-54 (9th Cir. 2017)).
cited Cited as authority (rule) Sasagi v. Social Security Administration
D. Haw. · 2025 · confidence medium
Laborin v. Berryhill, 867 F.3d 1151, 1155 (9th Cir. 2017) (brackets, emphases, citation, and internal quotation marks omitted).
discussed Cited as authority (rule) Somers v. Bisignano
D. Nev. · 2025 · confidence medium
Id. at §§ 404.1545(a), 416.945(a). 10 The RFC assessment must consider all evidence in the record and “contain a thorough discussion 11 of the objective medical and other evidence.” Laborin v. Berryhill, 867 F.3d 1151, 1153 (9th Cir. 12 2017) (citing Social Security Ruling 96-8p, 61 Fed.
discussed Cited as authority (rule) Farmer v. Commissioner of Social Security
W.D. Wash. · 2025 · confidence medium
“General findings are insufficient; rather, the ALJ must identify what testimony is not 14 credible and what evidence undermines the claimant’s complaints.” Berry v. Astrue, 622 F.3d 15 1228, 1234 (9th Cir. 2010) (internal quotation marks and citation omitted). 16 While the ALJ is not required to believe every claim of disabling pain, Ahearn v. Saul, 17 988 F.3d 1111, 1116 (9th Cir. 2021), or to analyze the claimant's testimony line by line, Lambert 18 v. Saul, 980 F.3d 1266, 1277 (9th Cir. 2020), the ALJ must identify “which testimony [the ALJ] 19 found not credible” and explain “…
discussed Cited as authority (rule) Munguia v. Commissioner of Social Security
N.D. Cal. · 2025 · confidence medium
An ALJ must consider all medical and nonmedical evidence, including descriptions and observations of 26 the claimant’s limitations provided by the claimant, family, friends, and others. 20 C.F.R. §§ 404.1545 (a)(3), (e); Laborin v. Berryhill, 867 F.3d 1151, 1153 (9th Cir. 2017).
discussed Cited as authority (rule) Larson v. Commissioner of Social Security
W.D. Wash. · 2025 · confidence medium
The ALJ’s reasons “must be sufficiently specific to allow a reviewing court to conclude 10 the adjudicator rejected the claimant’s testimony on permissible grounds and did not arbitrarily 11 discredit a claimant’s testimony.” Brown-Hunter v. Colvin, 806 F.3d 487, 493 (9th Cir. 2015); 12 see also Laborin v. Berryhill, 867 F.3d 1151, 1155 (9th Cir. 2017) (the ALJ must identify which 13 testimony the ALJ found not credible and explain which evidence contradicted that testimony). 14 General findings and conclusory statements without supporting evidence are thus insufficient. 15 Brown-Hun…
discussed Cited as authority (rule) Chynna Soria v. Martin J. O'Malley
C.D. Cal. · 2025 · confidence medium
Admin., 775 F.3d 1090, 1102 (9th Cir. 2014). “[T]he ALJ must give 25 ‘specific, clear, and convincing reasons for rejecting’ the testimony by identifying 26 ‘which testimony [the ALJ] found not credible’ and explaining ‘which evidence 27 contradicted that testimony.’” Laborin v. Berryhill, 867 F.3d 1151, 1155 (9th Cir. 28 2017) (emphasis in original) (quoting Brown-Hunter, supra); see also Lambert v. 1 Saul, 980 F.3d 1266, 1278 (9th Cir. 2020) (“‘providing a summary of medical 2 evidence . . . is not the same as providing clear and convincing reasons for finding 3 the claim…
cited Cited as authority (rule) Hoegemeyer v. Dudek
9th Cir. · 2025 · confidence medium
Laborin v. Berryhill, 867 F.3d 1151, 1153 (9th Cir. 2017); see also 20 C.F.R. § 404.1545 (a)(3).
cited Cited as authority (rule) Schaus v. O'Malley
D. Haw. · 2025 · confidence medium
Laborin v. Berryhill, 867 F.3d 1151, 1155 (9th Cir. 2017) (brackets, emphases, citation, and internal quotation marks omitted).
discussed Cited as authority (rule) Jordan v. O'Malley
S.D. Cal. · 2025 · confidence medium
No. 13 at 8-10.) 4 Accordingly, the Court concludes that the ALJ erred in rejecting Plaintiff’s 5 subjective testimony by failing to provide specific, clear and convincing reasons. 6 Because the ALJ must take his symptom testimony into account in determining the RFC 7 determination, Laborin v. Berryhill, 867 F.3d 1151, 1154 (9th Cir. 2017), the error was 8 not harmless.
discussed Cited as authority (rule) Jordan v. O'Malley
S.D. Cal. · 2025 · confidence medium
No. 13 at 8-10.) 4 Accordingly, the Court concludes that the ALJ erred in rejecting Plaintiff’s 5 subjective testimony by failing to provide specific, clear and convincing reasons. 6 Because the ALJ must take his symptom testimony into account in determining the RFC 7 determination, Laborin v. Berryhill, 867 F.3d 1151, 1154 (9th Cir. 2017), the error was 8 not harmless.
discussed Cited as authority (rule) (SS) Baldwin v. Commissioner of Social Security (2×) also: Cited "see, e.g."
E.D. Cal. · 2025 · confidence medium
When an ALJ employs boilerplate language, as here, such language “does 7 not ... add anything to the ALJ’s determination.” See Laborin v. Berryhill, 867 F.3d 1151, 1154 (9th 8 Cir. 2017).
discussed Cited as authority (rule) Holder v. Dudek
D. Nev. · 2025 · confidence medium
Id. at §§ 404.1545(a), 416.945(a). 9 The RFC assessment must consider all evidence in the record and “contain a thorough discussion 10 of the objective medical and other evidence.” Laborin v. Berryhill, 867 F.3d 1151, 1153 (9th Cir. 11 2017) (citing Social Security Ruling 96-8p, 61 Fed.
cited Cited as authority (rule) Wood v. O'Malley
D. Idaho · 2025 · confidence medium
Laborin v. Berryhill, 867 F.3d 1151, 1153 (9th Cir. 2017) (cleaned up); 20 C.F.R. § 404.1545 (e), §404.1459.
discussed Cited as authority (rule) Garcia v. Kijakazi
N.D. Cal. · 2025 · confidence medium
The ALJ credited Plaintiff’s 3 allegations “only to the extent they can reasonably be accepted as consistent with the objective 4 medical and other evidence.” Id. 5 As the Ninth Circuit has stated: 6 To discredit a claimant's symptom testimony when the claimant has provided objective medical evidence of the impairments which might 7 reasonably produce the symptoms or pain alleged and there is no evidence of malingering, the ALJ must give specific, clear, and 8 convincing reasons for rejecting the testimony by identifying which testimony [the ALJ] found not credible and explaining which 9…
discussed Cited as authority (rule) Magdalera v. Colvin
D. Nev. · 2025 · confidence medium
Id. at §§ 404.1545(a), 416.945(a). 10 The RFC assessment must consider all evidence in the record and “contain a thorough discussion 11 of the objective medical and other evidence.” Laborin v. Berryhill, 867 F.3d 1151, 1153 (9th Cir. 12 2017) (citing Social Security Ruling 96-8p, 61 Fed.
cited Cited as authority (rule) Kevin Hilsinger v. Martin O'Malley
9th Cir. · 2024 · confidence medium
Laborin v. Berryhill, 867 F.3d 1151, 1153 (9th Cir. 2017) (citing SSR 96-8p, 61 F.R. 34,474 (July 2, 1996)).
discussed Cited as authority (rule) Wallis v. Commissioner of Social Security Administration
D. Ariz. · 2024 · confidence medium
Thus, based on the ALJ’s earlier 21 analysis … the Court can ‘reasonably discern’ what evidence the ALJ is referring to 22 when stating that [the evidence is unsupportive or inconsistent].”). 23 Plaintiff also argues that the ALJ committed legal error by rejecting Dr. Knievel’s 24 opinion “simply” because it indicates that Plaintiff is “completely debilitated.” (Doc. 13 25 at 11) (citing Revels, 874 F.3d at 666 (stating that rejection of a claimant’s testimony 26 based on claimant’s RFC is “put[ting] the cart before the horse.”); Laborin v. Berryhill 27 ( 867 F.3d 1…
discussed Cited as authority (rule) Logston v. Commissioner of Social Security
D. Idaho · 2024 · confidence medium
(AR 28); Laborin v. Berryhill, 867 F.3d 1151, 1154 (9th Cir. 2017) (an ALJ must take into account a claimant’s symptom testimony when determining the RFC).
discussed Cited as authority (rule) Lathrop v. O'Malley
D. Nev. · 2024 · confidence medium
Id. at §§ 404.1545(a), 416.945(a). 2 The RFC assessment must consider all evidence in the record and “contain a thorough discussion 3 of the objective medical and other evidence.” Laborin v. Berryhill, 867 F.3d 1151, 1153 (9th Cir. 4 2017) (citing Social Security Ruling 96-8p, 61 Fed.
cited Cited as authority (rule) Soleman v. Commissioner of Social Security
W.D. Wash. · 2024 · confidence medium
Laborin v. Berryhill, 867 F.3d 1151, 1155 (9th Cir. 2017).
Retrieving the full opinion text from the archive…
Bernard LABORIN, Plaintiff-Appellant,
v.
Nancy A. BERRYHILL, Acting Commissioner of Social Security, Defendant-Appellee
15-15776.
Court of Appeals for the Ninth Circuit.
Aug 16, 2017.
867 F.3d 1151
Eric G. Slepian (argued), Phoenix, Arizona, for Plaintiff-Appellant., Brian Baak (argued), Special Assistant United States Attorney; John Jay Lee, Regional Chief Counsel; Office of the General Counsel, Social Security Administration, Denver, Colorado; for Defendant-Ap-pellee.
Trott, Wardlaw, Gould.
Cited by 326 opinions  |  Published  |  Civil
4 passages pin-cited by 5 cases
Pinpoint authority: #15,761 of 633,719
Citer courts: E.D. California (2) · D. Oregon (2) · D. Nevada (1)

OPINION

GOULD, Circuit Judge:

Bernard Laborin appeals the district court’s judgment affirming an administrative law judge’s (ALJ). denial of his applications for disability benefits and supplemental security income under Title II and Title XVI of the Social Security Act, 42 U.S.C. §§ 301-1397mm. The ÁLJ did not credit Laborin’s testimony regarding the intensity, persistence, and limiting effects of his symptoms to the extent that testimony was “inconsistent with the above residual functional capacity assessment [ (RFC) j,” [1] This boilerplate statement encourages an inaccurate assessment of a[*1153] claimant’s credibility and also permits determination of RFCs that are inconsistent with truly credible testimony. The approach taken by the ALJ .was inconsistent with the Social Security Act and should not be used in disability decisions. Because the ALJ also did not give clear and convincing reasons for rejecting Laborin’s symptom testimony, and for the reasons, provided in the concurrently filed memorandum, disposition, we reverse and remand. [2]

The “RFC is an administrative assessment of the extent to which an individual’s medically determinable impairment(s), -including any related symptoms, such as pain, may cause physical or mental limitations or restrictions that may affect his or. her capacity to do work-related physical and mental activities.” SSR 96-8p, 61 Fed. Reg. 34474, 34475 (July 2, 1996). [3] It “is the most [a" claimant] can still do despite [his or her] limitations.” 20 C.F.R. § 416.945(a)(1).

When an individual does not have a severe medical impairment that meets or equals one of the listed impairments, the scope of the RFC plays a crucial role in the ALJ’s determination of whether an individual is disabled and entitled to benefits under the Social Security Act. See generally id. § 416.920(a)(4) (describing the five-step sequential evaluation process); SSR 96-8p, 61 Fed. Reg. 34474 (explaining the RFC), The ALJ assesses a claimant’s RFC between steps three and four of the five-step sequential evaluation process used for disability determinations. See 20 C.F.R. § 416.920(a)(4). The RFC is first used at step four to determine whether an individual can do relevant past work. Id. § 416.920(a)(4)(iv). If the claimant cannot do relevant past work, the RFC is then used again at step five—along with the claimant’s age, education, and work experience—to determine whether the claimant “can make an adjustment to other work.” Id. § 416.92Q(a)(4)(iv)-(v). If the claimant can do other work, the claimant is found to be not disabled. See id. § 416.920(a)(v).

The ALJ assesses, a claimant’s RFC “based on all the relevant evidence in [the] case record.” Id. § 416,945(a)(l)..The ALJ must consider both the medical evidence and “descriptions and observations of [the claimant’s] limitations from [the claimant’s] impairment(s), including limitations that result from [the claimant’s] symptoms, such as pain, provided by” the claimant, family, friends, and .other people. Id. § 416.945(a)(3). The RFC assessment must “[e]ontain a thorough discussion and analysis of the objective medical and other evidence, including the. individual’s complaints of pain and other symptoms and the adjudicator’s personal observations, .if appropriate.” SSR 96-8p, 61 Fed. Reg. at 34478 (emphasis added). In other words, the ALJ must take “the claimant’s subjective experiences of pain” into account when determining the RFC. Garrison v, Colvin, 759 F.3d 995, 1011 (9th Cir. 2014); see also Lingenfelter v. Astrue, 504 F.3d 1028, 1035 (9th Cir. 2007) (“[T]he ALJ failed to provide clear and convincing reasons for finding [the claimant’s] alleged pain and symptoms not credible, and therefore was required to include these[*1154] limitations in his assessment of [the claimant’s] RFC.”). [4]

Despite this clear directive from the regulations, Social Security Rulings, and our case law, which all require ALJs to take the claimant’s symptom testimony into account in determining the RFC, ALJs with frequency include the boilerplate language discrediting the claimant’s symptom testimony because it is “inconsistent with” the RFC in their disability determinations. See, e.g., Treichler v. Comm’r of Soc. Sec. Admin., 775 F.3d 1090, 1103 (9th Cir. 2014). By doing so, the ALJ indicates that he or she did not properly “incorporate a claimant’s testimony regarding subjective symptoms and pain into the RFC finding, as [he or she] is required to do.” Trevizo v. Berryhill, 862 F.3d 987, 1000 n.6 (9th Cir. 2017); see also Mascio v. Colvin, 780 F.3d 632, 639 (4th Cir. 2015) (holding that this boilerplate language conflicts with the regulations and rulings). This practice “inverts the responsibility of an ALJ, which is first to determine the medical impairments of a claimant based on the record and the claimant’s credible symptom testimony and only then to determine the claimant’s RFC.” Trevizo, 862 F.3d at 1000 n.6.

Not only does the ALJ err by discrediting symptom testimony to the extent it is inconsistent with an RFC, but the ALJ’s analysis is also illogical. Because the claimant’s symptom testimony must be taken into account when the ALJ assesses the claimant’s RFC, it cannot be discredited because it is inconsistent with that RFC. By discrediting a claimant’s “statements concerning the intensity, persistence and limiting effects of [the claimant’s] symptoms ... to the extent they are inconsistent with the” RFC, the ALJ puts the cart before the horse.

We are not the first circuit to recognize that this boilerplate language is problematic. Both the Seventh and the Fourth Circuits have concluded that it is incorrect as a matter of law. See Filus v. Astrue, 694 F.3d 863, 868 (7th Cir. 2012) (noting that finding a claimant’s symptom testimony is not credible to the extent it is inconsistent with an RFC “puts the cart before the horse, in the sense that the determination of capacity must be based on the evidence, including the claimant’s testimony, rather than forcing the testimony into a foregone conclusion”); Bjornson v. Astrue, 671 F.3d 640, 645 (7th Cir. 2012) (noting that this boilerplate language “gets things backwards”); Mascio, 780 F.3d at 639 (concluding the boilerplate language “ ‘gets things backwards’ by implying ‘that ability to work is determined first and is then used to determine the claimant’s credibility’” (quoting Bjornson, 671 F.3d at 645)). This improper procedure both inverts and subverts the way an RFC must be determined relying on credible evidence, including credible testimony.

Like our sister circuits, we have stated that inclusion of this flawed boilerplate language is not, by itself, reversible error and can be harmless. See Trevizo, 862 F.3d at 1000 n.6; Mascio, 780 F.3d at 639; Filus, 694 F.3d at 868. It does not, however, add anything to the ALJ’s deter[*1155] mination of either the RFC or the claimant’s credibility. We cannot infer from this language “that the ALJ rejected [the claimant’s] testimony to the extent it conflicted with [the] medical evidence.” Treichler, 775 F.3d at 1103. To discredit a claimant’s symptom testimony when the claimant has provided objective medical evidence of the impairments which might reasonably produce the symptoms or pain alleged and there is no evidence of malingering, the ALJ must give “specific, clear, and convincing reasons, for rejecting” the testimony by identifying “which testimony [the ALJ] found not credible” and explaining “which evidence contradicted that testimony.” Brow n-Hunter v. Colvin, 806 F.3d 487, 489, 494 (9th Cir. 2015). This boilerplate language does neither.

As we elaborate in the concurrently filed memorandum disposition, here the ALJ did not give clear and convincing reasons for rejecting Laborin’s testimony regarding the severity of his pain. The ALJ’s inclusion of the boilerplate statement dobs not save her decision.

REVERSED and REMANDED.

1

. The AU’s statement reads in full:

After careful consideration of the evidence, the undersigned finds that the claimant's medically determinable impairments could reasonably be- expected to cause the alleged .symptoms; however, the claimant’s statements concerning the intensity, persistence and limiting effects of these symptoms are not credited to the extent they are inconsistent with the above residual functional capacity.

The ALJ found that Laborin had the residual functional capacity to:

frequently lift and carry 20 pounds occasionally qnd 10 pounds frequently; stand and/or walk with normal breaks about four out of eight hours; sit with normal breaks about six out óf eight hours; never push or pull with the right lower extremity; -never climb ladders, ropes,, or scaffolds; occasionally crawl; and frequently climb ramps or stairs. The claimant must avoid concentrated exposure to fumes, odors, dust, gases, poor ventilation,, and unprotected heights. The claimant must avoid exposure to moving machinery. He needs to sit/stand at will.
2

. We address Laborinls other challenges to the ALJ’s decision—including additional challenges to the ALJ’s credibility determination— in the concurrently filed memorandum disposition.

3

. "[Social Security Rulings] reflect the official interpretation of the [Social' Security Administration] and are entitled to 'some deference' as.long as they are consistent with the Social Security Act and regulations." Massachi v. Astrue, 486 F.3d 1149, 1152 n.6 (9th Cir. 2007) (alterations in original) (quoting Avenetti v. Barnhart, 456 F.3d 1122, 1124 (9th Cir. 2006)).

4

. We do not suggest that, in assessing the RFC, the AU must always accept the claimant’s statements as to the severity and limiting effects of his or her symptoms as true. The claimant’s “credibility ... cannot be ignored in determining [the claimant's] ability to work ([the claimant’s] residual functional capacity, in [Social Security Administratíon]-speak).” Bjornson v. Astrue, 671 F.3d 640, 646 (7th Cir. 2012). The ALJ must evaluate the credibility of the claimant’s symptom testimony so that the ALJ can take that testimony—insofar as it is credible—into account as part of the RFC assessment. See Lingenfelter, 504 F.3d at 1035. The ALJ cannot, however, properly evaluate the claimant's credibility based on a predetermined RFC.