Css

MEMORANDUM

Dung T. Nguyen appeals from the district court’s decision granting summary judgment in favor of the Commissioner of Social Security (“Commissioner”) and affirming the Commissioner’s final decision, which concluded that Nguyen is not entitled to Disability Insurance Benefits or Supplemental Security Income under Ti-ties II and XVI of the Social Security Act, 42 U.S.C. §§ 401-434 , 1381-1383. We have jurisdiction under 28 U.S.C. § 1291 , and we vacate the district court’s judgment and remand with instructions.

A disability claim may be remanded for consideration of new evidence “only upon a showing that there is new evidence which is material and that there is good cause for the failure to incorporate such evidence into the record in a prior proceeding.” 42 U.S.C. § 405 (g). Nguyen contends that this Court should remand his case for consideration of a subsequent, fully favorable, disability determination by a different administrative law judge (“ALJ”). Although Nguyen did not raise this contention before the district court or in his opening brief, we exercise our discretion to consider this issue because Luna v. Astrue, 623 F.3d 1032 (9th Cir.2010), recently clarified…