Richard A. SUMMERS, Plaintiff-Appellant, v. Otis R. BOWEN, Sec'y, Dep't of Health, Educ. & Welfare, Defendant-Appellee, 813 F.2d 241 (9th Cir. 1987). · Go Syfert
Richard A. SUMMERS, Plaintiff-Appellant, v. Otis R. BOWEN, Sec'y, Dep't of Health, Educ. & Welfare, Defendant-Appellee, 813 F.2d 241 (9th Cir. 1987). Cases Citing This Book View Copy Cite
10 citation events across 4 distinct courts.
Strongest positive: Jack FAIR, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services of the United States, Defendant-Appellee (ca9, 1989-09-13)
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (rule) Jack FAIR, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services of the United States, Defendant-Appellee
9th Cir. · 1989 · confidence medium
Stewart, 881 F.2d at 743-44; Hammock, 879 F.2d at 502 ; Varney, 846 F.2d at 584 ; Gamer v. Secretary of Health & Human Servs., 815 F.2d 1275, 1279 (9th Cir.1987); Summers v. Bowen, 813 F.2d 241, 242 (9th Cir.1987) (per curiam). *603 Our cases have been quite a bit more enigmatic as to what findings -are sufficiently specific to discredit pain testimony. 4 On several occasions, we have affirmed denials of benefits where an AU has disbelieved allegations of excess pain, but we have never clearly explained why.
cited Cited as authority (rule) Elizabeth J. HAMMOCK, Plaintiff-Appellant, v. Otis BOWEN, Secretary, Department of Health & Human Services, Defendant-Appellee
9th Cir. · 1989 · confidence medium
Summers v. Bowen, 813 F.2d 241, 242 (9th Cir.1987); Howard v. Heckler, 782 F.2d 1484, 1488 (9th Cir.1986).
cited Cited as authority (rule) Elizabeth J. Hammock v. Otis Bowen, Secretary, Department of Health & Human Services, Defendant
9th Cir. · 1989 · confidence medium
Summers v. Bowen, 813 F.2d 241, 242 (9th Cir.1987); Howard v. Heckler, 782 F.2d 1484, 1488 (9th Cir.1986).
cited Cited as authority (rule) Betty L. VARNEY, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee
9th Cir. · 1988 · confidence medium
Summers v. Bowen, 813 F.2d 241, 242 (9th Cir.1987) (quoting Howard, 782 F.2d at 1488 ).
discussed Cited "see" Donald E. EMBREY, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee
9th Cir. · 1988 · signal: see · confidence high
Treating Physicians’ Opinions We have made it clear that the medical opinions of a claimant’s treating physicians are entitled to special weight and that, if the AU chooses to disregard them, “he must set forth specific, legitimate reasons for doing so, and this decision must itself be based on substantial evidence.” Cotton v. Bowen, 799 F.2d 1403, 1408 (9th Cir.1986); see Summers v. Bowen, 813 F.2d 241, 243 (9th Cir.1987); Murray v. Heckler, 722 F.2d 499, 502 (9th Cir.1983).
discussed Cited "see" Edwards v. Bowen
E.D.N.C. · 1987 · signal: accord · confidence high
Talbot v. Heckler, 814 F.2d 1456 (10th Cir.1987); Sprague v. Bowen, 812 F.2d 1226 (9th Cir.1987); Dixon v. Heckler, 811 F.2d 506 (10th Cir.1987); accord Summers v. Bowen, 813 F.2d 241 (9th Cir.1987); Kreie v. Bowen, 656 F.Supp. 765 (D.Kan.1987).
discussed Cited "see, e.g." Robert H. DESROSIERS, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee (2×)
9th Cir. · 1988 · signal: see, e.g. · confidence medium
See, e.g., Summers v. Bowen, 813 F.2d 241, 242-43 (9th Cir.1987); Cotton v. Bowen, 799 F.2d 1403, 1408 (9th Cir.1986); Jones v. Heckler, 760 F.2d 993, 997 (9th Cir.1985); Murray v. Heckler, 722 F.2d 499, 501-02 (9th Cir.1983).
cited Cited "see, e.g." Clark v. Bowen
N.D. Cal. · 1987 · signal: compare · confidence medium
Compare Summers v. Bowen, 813 F.2d 241, 242 (9th Cir.1987) (“if [plaintiff’s] testimony had been believed, plaintiff is totally disabled”).
Retrieving the full opinion text from the archive…
17 soc.sec.rep.ser. 41, unempl.ins.rep. Cch 17,221 Richard A. Summers
v.
Otis R. Bowen, Secretary, Department of Health, Education and Welfare
85-4392.
Court of Appeals for the Ninth Circuit.
Mar 24, 1987.
813 F.2d 241
Susan P. Roy, Missoula, Mont., for plaintiff-appellant., Carl E. Rostad, Great Falls, Mont., for defendant-appellee.
Browning, Wright, Boochever.
Cited by 10 opinions  |  Published
PER CURIAM:

Summers applied for and was denied social security disability benefits. After a hearing, the AU found the medical evidence established that Summers suffered from severe impairments consisting of back difficulties and rheumatoid arthritis, and that his subjective complaints, including pain, were “fully credible and supported by the medical evidence.” Upon consideration of Summers’ age, education, and work experience, the AU determined Summers was disabled. The Appeals Council reversed, concluding Summers was not disabled. [1]

The Council’s key finding, for purposes of this appeal, is Finding No. 4, which states: “The claimant’s subjective complaints are inconsistent with the medical evidence of record which does not reflect the degree of severity alleged.” The Council did not dispute the AU’s findings as to the nature of Summers’ physical impairments, and made no mention of the AU’s finding that Summers’ complaint of pain was fully credible.

The district court noted Summers’ testimony as to his pain and said “if that testimony is believed, plaintiff is totally disabled.” Summers v. Heckler, 618 F.Supp. 475, 476 (D.Mont.1985). However, the court also concluded that in making Finding No. 4, and in concluding on the basis of that finding that Summers was not disabled, “the Appeals Council did exactly what the law permits it to do.” Id. at 477.

In two cases decided after the district court’s decision, however, we held to the contrary. “[W]e have never required that the medical evidence identify an impairment that would make the pain inevitable.” Howard v. Heckler, 782 F.2d 1484, 1488 (9th Cir.1986). “Thus it is improper as a matter of law ... to discredit excess pain testimony solely on the ground that it is not fully corroborated by objective medical findings.” Cotton v. Bowen, 799 F.2d 1403, 1407 (9th Cir.1986). To paraphrase, “[T]he only reason given by the [Secretary] for finding [Summers] not disabled was that [his] subjective complaints were disproportionate to the medical evidence. This constitutes legal error and requires reversal.” Id. at 1408. See also Foster v. Heckler, 780 F.2d 1125, 1129 (4th Cir.1986); Green v. Schweiker, 749 F.2d 1066, 1070-71 (3d Cir.1984).

The Secretary may reject a claimant’s testimony as to subjective pain if he does not believe it to be true, but if he does so, he “must make specific findings justifying that decision.” Cotton, 799 F.2d at 1407. This admonition was consistent with that expressed in Howard, 782 F.2d at 1487: “[W]hen the Council exercises its power to reject the credibility findings of an AU, it must state its reasons for doing so, and the reasons must be based upon substantial evidence in the record.” In this case the Council simply ignored the AU’s express[*243] finding that Summers’ testimony as to the extent of his pain was “fully credible.”

Similarly, the Council erred by rejecting without “specific, legitimate reasons ... based on substantial evidence,” Cotton, 799 F.2d at 1408, the uncontradicted opinion of Summers’ treating physician that Summers’ condition, including the pain he suffered, was totally disabling.

We have concluded that remand for entry of judgment awarding benefits is appropriate. The AU made detailed individualized findings supporting such an award. The evidence in support of those findings is substantial and uncontroverted. No other result could have been reached on review if the Council had properly applied the rules governing the consideration of a claimant’s subjective testimony as to pain, and the attending physician’s uncontradicted medical opinion. Summers applied for benefits over four years ago. Further avoidable delay in making the award would be unjustifiable. We therefore remand for entry of a judgment awarding benefits to Summers.

REVERSED AND REMANDED.

1

. In Yuckert v. Heckler, 774 F.2d 1365, 1369 (9th Cir.1985), cert. granted sub nom. Bowen v. Yuckert, — U.S. -, 106 S.Ct. 1967, 90 L.Ed.2d 652 (1986), this court held 20 C.F.R. § 404.-1520(c) (1986) (“the severity regulation”) violated the Social Security Act, 42 U.S.C. § 423 (1982), "because it does not permit the individualized assessment of disability required by the Act.” Although this panel originally ordered a stay of submission pending the Supreme Court’s disposition of Yuckert, upon closer examination, we have determined a stay is unnecessary. Even if the severity regulation is upheld, this case requires reversal on other grounds.