Neway Mengistu v. Carolyn W. Colvin

MEMORANDUM

Neway Mengistu appeals pro se from the district court’s judgment affirming the Commissioner of Social Security’s denial of his applications for Social Security disability insurance benefits and supplemental security income benefits under Titles II and XVI of the Social Security Act. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s judgment upholding the denial of social security benefits, Berry v. Astrue, 622 F.3d 1228, 1231 (9th Cir.2010), and we reverse and remand.

Mengistu asserts that additional evidence he submitted to the Appeals Council would have changed the outcome of the disability determination. Although we do not have jurisdiction to review the Appeals Council’s denial of further review, we may consider additional evidence presented for the first time to the Appeals Council when reviewing the agency’s disability determination. Taylor v. Comm’r of Soc. Sec. Admin., 659 F.3d 1228, 1231-32 (9th Cir. 2011).

The district court erred in concluding that a remand was not warranted because the new evidence, Dr. Gurevitch’s September 1, 2009, report, relates to the relevant time period and there is a reasonable possibility the…