Elizabeth Ann Perez v. CAROLYN W. COLVIN, Commissioner of Social Security Administration

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ELIZABETH ANN PEREZ,
Plaintiff - Appellant,
v.
CAROLYN W. COLVIN, Commissioner
of Social Security Administration,
Defendant - Appellee.
No. 12-15187
D.C. No. 2:10-cv-01887-NVW
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Neil V. Wake, District Judge, Presiding
Argued and Submitted December 4, 2013
San Francisco, California
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Elizabeth Perez appeals the district court’s decision affirming the
Commissioner’s denial of disability insurance benefits. We reverse and remand.
FILED
DEC 09 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.

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Perez argues that the administrative law judge (“ALJ”) failed to consider the
mental health assessment conducted by her treating physician, Dr. Rooney. We
agree.
Based on the record before us, it is unclear whether the ALJ adequately
considered Dr. Rooney’s opinion about the claimant’s mental limitations.
Although the ALJ discussed and gave reasons for rejecting Dr. Rooney’s physical
residual functional capacity assessment, he did not specifically discuss or reject the
doctor’s separate assessment of the claimant’s mental ability to do work. The ALJ
failed to state whether he considered Dr. Rooney a treating physician in evaluating
the claimant’s mental limitations and essentially rejected a key element of Dr.
Rooney’s opinion without giving any reasons for doing so. See Lingenfelter v.
Astrue, 504 F.3d 1028, 1038 n.10 (9th Cir. 2007). We reverse and remand for
further proceedings at which the ALJ should consider Dr. Rooney’s opinion
regarding plaintiff’s depression and afford it the weight the ALJ deems
appropriate. We decline to address the remaining issues raised by Perez.
REVERSED AND REMANDED.
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