Marlin Nelson v. Commissioner of Social Security Administration

MEMORANDUM

Marlin Nelson appeals the district court’s order affirming the Commissioner of Social Security’s denial of his application for disability insurance benefits and supplemental security income benefits. We review de novo the district court’s order affirming a decision of the administrative law judge (“ALJ”) denying benefits and uphold the decision if substantial evidence supports the ALJ’s findings and the ALJ applied the correct legal standards. Berry v. Astrue, 622 F.3d 1228, 1231 (9th Cir. 2010). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We reverse and remand.

Nelson contends the ALJ erred by relying on the vocational expert’s testimony because the hypothetical offered by the ALJ erroneously omitted limitations described in the record. The ALJ’s decision indicates he found that Nelson suffered from severe depressive disorder, but the hypothetical question posed by the ALJ to the vocational expert did not include any limitations related to the disorder. See Magallanes v. Bowen, 881 F.2d 747, 756 (9th Cir.1989) (requiring hypothetical set forth all claimant’s limitations and restrictions). Because the hypothetical failed to incorporate the ALJ’s findings…