Roe v. Commissioner of Social Security

MEMORANDUM

Glen Anthony Roe appeals the district court’s judgment affirming the Commissioner’s denial of supplemental security income (“SSI”) benefits. We have jurisdiction under 28 U.S.C. § 1291 , and we reverse and remand for a new hearing.

In a hearing before an administrative law judge (“ALJ”), the claimant “is ultimately responsible for providing the evidence to be used in making the [residual functional capacity] finding,” but the ALJ has “a special duty to fully and fairly develop the record,” especially when the claimant is not represented by counsel. Widmark v. Barnhart, 454 F.3d 1063, 1068 (9th Cir.2006) (internal citations and quotation marks omitted). An inadequate record that precludes proper evaluation of the evidence triggers this duty. Tonapetyan v. Halter, 242 F.3d 1144, 1150 (9th Cir. 2001).

Here, Roe testified that he had a fungus on his hands and feet and eczema all over his body. At the time of the hearing, the only medical opinion assessing Roe’s functional limitations was a consultative examination conducted prior to the time he began seeking treatment for his skin conditions. Medical records obtained after the hearing verified diagnoses of se-vére eczema…