848 F2d 1242 Alva v. R
848 F.2d 1242
Unpublished Disposition
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
Maria Luisa ALVA, Plaintiff/Appellant,
v.
Otis R. BOWEN,* Secretary of Health and Human
Services, Defendant/Appellee.
No. 87-2300.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted Feb. 8, 1988.
Decided May 27, 1988.
Before SKOPIL, REINHARDT and LEAVY, Circuit Judges.
MEMORANDUM**
Maria Alva seeks review of the Secretary's denial of social security benefits. We agree with her that the ALJ erred in not making specific findings regarding her subjective complaints of debilitating pain. Alva clearly testified that her pain was so severe that she could not return to her former work. She complained of shortness of breath, fatigue, fainting spells, and frequent dizzy spells. She also testified to arthritic pains in her arms and legs, chest pains, frequent pain resulting from her ulcers, and discomfort from her diabetes.
The ALJ acknowledged that Alva had hypertension, diabetes, chest pain, esophagitis, a duodenal ulcer and arthritis. He discussed these ailments and concluded that the objective medical evidence did not support Alva's contention that she could not return to work. We infer from that conclusion that he also found Alva's claims of debilitating pain to be unsupported by objective medical evidence.
We have termed "pain that is unsupported by objective medical findings" as "excess pain." Cotton v. Bowen, 799 F.2d 1403, 1407 (9th Cir.1986). While the Secretary may decide to disregard excess pain claims, we have repeatedly held that such a decision must be supported by specific findings. See, e.g., Gamer v. Secretary, 815 F.2d 1275, 1279 (9th Cir.1987); Green v. Heckler, 803 F.2d 528, 532 (9th Cir.1986).
Here, the record lacks the necessary finding. Indeed, the ALJ's decision does not mention Alva's testimony regarding her claim of debilitating pain. The ALJ's omission requires us to reverse and remand for further proceedings. See Varney v. Secretary, No. 87-6075, slip op. at 5455 (9th Cir. May 16, 1988); Gamer, 815 F.2d at 1279; Cotton, 799 F.2d at 1407.
REVERSED and REMANDED.