Michael Delegans v. Carolyn Colvin

MEMORANDUM

Michael Delegans appeals from the judgment of the district court affirming the denial of his application for Supplemental Security Income and Social Security Disability Insurance benefits. Delegans argues, among other things, that the Administrative Law Judge (“ALJ”) erred in discrediting (1) Delegans’ testimony regarding his mental limitations, and (2) certain medical evidence of Delegans’ mental limitations. We agree and remand for further proceedings. We reject Delegans’ remaining challenges to the ALJ’s weighing of the medical evidence.

1. The ALJ failed to provide clear and convincing reasons to discredit Delegans’ testimony regarding his mental limitations. See Lingenfelter v. Astrue, 504 F.3d 1028, 1036 (9th Cir.2007). None of the ALJ’s reasons withstands scrutiny.

First, Delegans’ statements characterizing his limitations and work history are largely irrelevant. Delegans has not worked since 2007, therefore three of five of the statements on which the ALJ relied, “are of limited relevance” because they involved time periods predating the onset date of Delegans’ disability. See Carmickle v. Comm’r, Soc. Sec. Admin., 533 F.3d 1155, 1165 (9th Cir.2008); cf.…