District Court Opinions: Back Impairments
1125. District Court decision reversing the denial of benefits. The ALJ failed to offer clear and convincing reasons for rejecting the plaintiffs testimony regarding back pain, including the need to lie down. As a result, the Court found that the plaintiffs testimony must be credited as true. Because the VE testified that a need to lie down would make a person unemployable, the court reversed the denial and awarded benefits. Haines v.
Apfel Civil No., 98-1320 ST (D Or. Aug. 5, 2999);
1999 U.S. Dist. LEXIS 13940
Arthur Stevens, III., Esq. Medford, OR