Sharon Burt v. Carolyn Colvin

MEMORANDUM

Sharon Burt appeals from the district court’s order reversing and remanding for further proceedings the final decision of the Commissioner of Social Security, concluding that Burt was not entitled to Disability Insurance Benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401-434 . Although Burt prevailed before the district court, she may appeal the decision because it did not grant the full measure of relief she sought, which was an order remanding for an award of disability bene fits. Treichler v. Comm’r, Soc. Sec. Admin., 775 F.3d 1090, 1098 (9th Cir.2014).

We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s decision to affirm in part, reverse in part, and remand to the Commissioner. Harman v. Apfel, 211 F.3d 1172, 1174 (9th Cir.2000). We review for an abuse of discretion, however, the district court’s decision to remand for further proceedings rather than for an immediate award of benefits. Id. at 1173 . We affirm the order of the district court.

I

As the district court properly held, the ALJ erred in failing to identify specific and legitimate reasons for giving no probative weight to the opinion of Dr. Jil Diane…