NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FILED
FOR THE NINTH CIRCUIT
JUN 29 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
RONALD D. SCHLEIS, No. 15-16039
Plaintiff-Appellant, D.C. No. 2:13-cv-02045-JJT
v.
MEMORANDUM*
NANCY BERRYHILL, Acting
Commissoner Social Security
Defendant-Appellee.
Appeal from the United States District Court
for the District of Arizona
John J. Tuchi, District Judge, Presiding
Argued and Submitted June 14, 2017
San Francisco, California
Before: SCHROEDER and N.R. SMITH, Circuit Judges, and PIERSOL,** District
Judge.
Ronald Schleis (“Schleis”) appeals the district court’s decision remanding
for further proceedings in Schleis’ action for disability insurance benefits under
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The Honorable Lawrence L. Piersol, United States District Judge for
the District of South Dakota, sitting by designation.
Title II of the Social Security Act. Schleis argues that the district court erred when
it declined to remand for an award of benefits because there are no outstanding
issues to be resolved and thus the credit-as-true rule is satisfied. See Garrison v.
Colvin, 759 F.3d 995, 1020 (9th Cir. 2014). Reviewing the district court’s decision
to remand for further proceedings for abuse of discretion, Treichler v. Comm’r of
Soc. Sec. Admin., 775 F.3d 1090, 1098 (9th Cir. 2014), we affirm.
As articulated in Garrison, the credit-as-true rule can be applied when three
conditions are met:
(1) the record has been fully developed and further administrative
proceedings would serve no useful purpose; (2) the ALJ has failed to
provide legally sufficient reasons for rejecting evidence, whether
claimant testimony or medical opinion; and (3) if the improperly
discredited evidence were credited as true, the ALJ would be required to
find the claimant disabled on remand.
Garrison, 759 F.3d at 1020. Here, the first condition of the credit-as-true rule is
not satisfied because the record has not been fully developed concerning the extent
of Schleis’ woodworking and artistic metal work hobbies, and the reasons Schleis’
doctors did not suggest surgery. Therefore, the district court did not abuse its
discretion in remanding for further proceedings. Remand to the ALJ will be on an
open record. Brown-Hunter v. Colvin, 806 F.3d 487, 496 (9th Cir. 2015) (finding
that “significant factual conflict in the record [exist] that should be resolved
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through further proceedings on an open record before a proper disability
determination can be made by the ALJ in the first instance”).
Schleis also challenges the ALJ’s decision to assign “little weight” to the
opinions of treating physician Dr. Matthew Duke, D.O. We review the ALJ’s
decision de novo and analyze whether the ALJ’s decision was free of legal error
and supported by substantial evidence. Harman v. Apfel, 211 F.3d 1172, 1174 (9th
Cir. 2000); Smolen v. Chater, 80 F.3d 1273, 1279 (9th Cir. 1996).
Here, the ALJ concluded that Dr. Duke’s opinion in a September 2011
medical assessment was not confirmed by his treating records. In viewing the
record as a whole, we conclude that the ALJ assigned “little weight” to the
opinions of Dr. Duke for specific reasons supported by substantial evidence. The
district court’s affirmance of that portion of the ALJ’s decision is therefore
affirmed.
AFFIRMED.
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