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DAVIS v. HECKLER

No. 85-2867.

868 F.2d 323 (1989)

Jacqueline W. DAVIS, Plaintiff-Appellant, v. Margaret M. HECKLER, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 13, 1989.

Attorney(s) appearing for the Case

Abraham Virdeh, Virdeh & Virdeh, Santa Rosa, Cal., for plaintiff-appellant.

Michael R. Power, U.S. Dept. of Health & Human Services, San Francisco, Cal., for defendant-appellee.

Before FERGUSON and LEAVY, Circuit Judges, and WILSON, District Judge.

WILSON, District Judge:

Jacqueline Davis appeals from the denial of disability insurance benefits contending that the Administrative Law Judge ("ALJ") improperly rejected the opinion of her treating physician. We agree and reverse. In the process we take the opportunity to clarify the legal standard for rejecting the opinion of a treating physician, as well as to explain the claimant's evidentiary burden in establishing a prima facie case of disability.

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