Curtis v. Commissioner of Social Security Administration

MEMORANDUM

1. In denying Amber Curtis’ claim for supplemental security income, the Administrative Law Judge (ALJ) erred by considering only those portions of third-party functional reports by Shelby Alexander and Nicole Labins favorable to the Commissioner. “[L]ay testimony ... cannot be disregarded without comment.” Stout v. Comm’r, Soc. Sec. Admin., 454 F.3d 1050, 1053 (9th Cir.2006). The ALJ made no mention of Alexander’s and Labins’ statements that Curtis was uncomfortable in public places, easily overwhelmed, and confused by written instructions.

This is not a case in which the ALJ rejected Alexander’s and Labins’ statements for the same reasons he rejected other witnesses’ testimony and merely neglected to “point to” those equally applicable reasons. See Molina v. Astrue, 674 F.3d 1104, 1114-15 (9th Cir.2012). Alexander and Labins based their reports on their own observations, rather than on Curtis’ assertions, and the ALJ’s rejection of Curtis’ testimony therefore has no clear bearing on Alexander’s and Labins’ reports. See Dodrill v. Shalala, 12 F.3d 915, 918 (9th Cir.1993). Moreover, none of Alexander’s or Labins’ statements are necessarily incompatible with Curtis’…