Sean Moon v. Carolyn W. Colvin

MEMORANDUM

Sean Moon appeals the denial of his adult child disability benefits claim. We review de novo the district court’s order affirming the decision of the administrative law judge (“ALJ”). Armstrong v. Comm’r of Soc. Sec. Admin., 160 F.3d 587, 589 (9th Cir.1998). We uphold the decision if it is supported by substantial evidence in the record and if the ALJ applied the correct legal standards. Id. We have jurisdiction under 28 U.S.C. § 1291 . We conclude that the ALJ’s decision was not based on a sufficiently developed record, and we remand for further proceedings.

In May 1995, the Commissioner determined that Moon was disabled and Moon began receiving Supplemental Security Income benefits. In January 2007, Moon applied for adult child disability benefits, which require a disability onset date before the claimant’s 22nd birthday. 42 U.S.C. § 402 (d)(1). Moon turned 22 on September 24, 1993. The ALJ found that, before that date, Moon was severely impaired by depression, obesity, and a personality disorder, but that he was not disabled by the impairments.

The ALJ erred by not acknowledging in the written determination that Moon had been adjudged disabled in May 1995 and by…