Case law · Appeals court · Federal

Jasim Ghanim v. Carolyn W. Colvin

Decided
August 18, 2014
Docket
12-35804
Status
Published
Jurisdiction
Federal

Cited 2,620 timesSuperseded by statute (verified)Possible negative treatment: superseded by statute (1 of 4 verified; none is a verified overruling) · Gibson v. Commissioner of Social Security Administration

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OPINION PAEZ, Circuit Judge:

Jasim Abo Abi Shalash Abo Ghanim appeals from the district court’s judgment affirming the Social Security Commissioner’s denial of his application for Disability Insurance Benefits and Supplemental Security Income. In denying Ghanim’s application for benefits, the Administrative Law Judge (“ALJ”) rejected the opinions of Ghanim’s treating physician and other treating providers as to the severity of his impairments. The ALJ also found Ghan-im’s testimony about the severity of his symptoms not credible. On reconsideration, the Social Security Administration (“SSA”) concluded that Ghanim was disabled after all, but determined that the onset date for his disability was March 28, 2012, rather than April 5, 2009, as Ghanim originally alleged. At issue here is only whether Ghanim is entitled to benefits for the intervening period. We hold that the weight the ALJ accorded to Ghanim’s treating providers and the ALJ’s adverse credibility determination are not supported by substantial evidence. We therefore reverse and remand for further proceedings.

I. BACKGROUND A. Ghanim’s personal and medical history Ghanim immigrated to the United States in 1994 as a refugee from Iraq, where he had been imprisoned and tortured for two years. He worked consistently from 1994 to 2009 in a variety of jobs. In 2009, Ghanim’s brother, who lived in Iraq and worked with the United States military, was killed. Ghanim was deeply affected by his brother’s death; he had nightmares and trouble sleeping, became very forgetful, and frequently felt unsafe and hopeless. After his brother’s death, Ghanim stopped working.

Statutes cited

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Jasim Ghanim v. Carolyn W. Colvin, 763 F.3d 1154 (2014)

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