Deborah Monan v. Michael Astrue

MEMORANDUM

Deborah Monan (“Monan”) appeals the district court’s judgment remanding her claim for disability and supplemental social security benefits for further proceedings. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

In granting Monan’s motion for summary judgment, the district court concluded that the administrative law judge (“ALJ”) had erred by improperly rejecting the opinions of Dr. Belmonte and Dr. Tromp. The court then concluded that the case was to be remanded for further proceedings. Monan challenges this determination on the ground that the proper course of action is to remand for payment of benefits.

We have set forth the following test for determining when evidence should be credited and an immediate award of benefits directed:

Harman v. Apfel, 211 F.3d 1172, 1178 (9th Cir.2000) (quoting Smolen v. Chater, 80 F.3d 1273, 1292 (9th Cir.1996)). We review the district court’s decision to remand a case to the Commissioner for an abuse of discretion. Id. at 1173.

Even assuming that a finding of “disabled” were clear based on the opinions of Dr. Belmonte and Dr. Tromp, a remand would still be necessary in this case because the ALJ did not perform…