Paul Angevine v. Commissioner of Social Security

MEMORANDUM

Paul W. Angevine appeals the district court’s judgment affirming the decision of the Acting Commissioner of Social Security, which denied his applications for disability insurance benefits and supplemental security income, pursuant to Titles II and XVI of the Social Security Act, 42 U.S.C. §§ 416 , 428,1382c. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We reverse and remand with instructions.

1. As a preliminary matter, we must determine whether Angevine has waived his arguments regarding the alleged failure of the administrative law judge (“ALJ”) to consider his mental impairments because these arguments were not raised before the district court. While issues not raised below are generally deemed waived, we nevertheless exercise our discretion to reach the merits of Angevine’s claim because “the issue presented is purely one of law and ... the pertinent record has been fully developed.” Greger v. Barnhart, 464 F.3d 968, 973 (9th Cir.2006). Moreover, given the Acting Commissioner’s opportunity to respond to the arguments Angevine now raises, she “will suffer no prejudice as a result of the failure to raise the issue in the trial court.” Raich v. Gonzales, 500…