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COURT OF APPEALS FOR THE NINTH CIRCUIT
Danny Ferguson v. Martin O'Malley


Danny Ray Ferguson seeks judicial review of a denial of Social Security benefits. The district court affirmed the denial of benefits, and Ferguson timely filed this appeal. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s order. Smartt v. Kijakazi, 53 F.4th 489 , 494 (9th Cir. 2022) (citation omitted). The only issue presented is whether the Administrative Law Judge (“ALJ”) erred in rejecting Ferguson’s testimony regarding the severity of his headaches. “When an ALJ determines that a claimant for Social Security benefits is not malingering and has provided objective medical evidence of an underlying impairment which might reasonably produce the pain or other symptoms [he] alleges, the ALJ may reject the claimant’s testimony about the severity of those symptoms only by providing specific, clear, and convincing reasons for doing so.” Brown-Hunter v. Colvin, 806. F.3d 487, 488–89 (9th Cir. 2015). Here, the ALJ failed to provide clear and convincing reasons for rejecting Ferguson’s symptom testimony regarding his headaches. Further, the district court erred by affirming for reasons other than those asserted by the ALJ. Accordingly, we reverse

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