Michael Wyles v. Michael Astrue

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT SEP 22 2010
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
MICHAEL WYLES, No. 09-35805
Plaintiff - Appellant, D.C. No. 2:08-cv-01395-TSZ
v.
MEMORANDUM*
MICHAEL J. ASTRUE,
Defendant - Appellee.
Appeal from the United States District Court
for the Western District of Washington
Thomas S. Zilly, Senior District Judge, Presiding
Argued and Submitted September 2, 2010
Seattle, Washington
Before: HAWKINS, McKEOWN and BEA, Circuit Judges.
Appellant Michael Wyles (“Wyles”) appeals the district court’s decision
affirming the denial of his application for social security benefits. Wyles contends
that the Administrative Law Judge (“ALJ”) erred by rejecting the opinion of his
examining physician, Dr. Richard Washburn (“Dr. Washburn”), who diagnosed
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
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Wyles with impairments that met the requirements in the Listings of Impairments,
under 20 C.F.R. Pt. 404, Subpt. P, App. 1. We agree. We have jurisdiction under
28 U.S.C. § 1291, and we reverse and remand to the district court.
We review the district court’s judgment de novo to determine whether the
ALJ supported his decision with substantial evidence and applied the correct legal
standards. 42 U.S.C. § 405(g); Tommasetti v. Astrue, 533 F.3d 1035, 1038 (9th
Cir. 2008).
Dr. Washburn determined that Wyles was disabled and unable to work due
to his bipolar disorder with major depression and psychotic symptoms, generalized
anxiety disorder, panic disorder, and a non-specific personality disorder.
Importantly, Dr. Washburn found that Wyles would remain unable to work for one
year—from November 2002 to November 2003—until he became stabilized on
medication for these mental illnesses. We therefore remand to the district court for
an award of benefits consistent with our holding that Wyles proved he was
disabled for that one year: November 2002–November 2003.
REVERSED AND REMANDED.
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