Shawn Stevens v. Carolyn Colvin

MEMORANDUM

Plaintiff-Appellant Shawn R. Stevens appeals the district court’s decision to affirm the Commissioner of Social Security’s denial of Stevens’s application for disability insurance benefits under Title II of the Social Security Act. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse and remand.

A judgment by the district court upholding an administrative law judge’s (“ALJ”) decision is reviewed de novo. See Valentine v. Comm’r Soc. Sec. Admin., 574 F.3d 685, 690 (9th Cir. 2009). The ALJ’s findings may be reversed only if they are based on legal error or are not supported by substantial evidence. Berry v. Astrue, 622 F.3d 1228, 1231 (9th Cir. 2010). A harmless error cannot be the basis for reversal. Molina v. Astrue, 674 F.3d 1104, 1111 (9th Cir. 2012).

It is uncontested that the ALJ failed to discuss Stevens’s left eye impairment at step two; this was error and grounds for reversal. Although Stevens has 20/20 vision in his left eye, he frequently experiences blurry or foggy vision, flashes, and large floaters. Because of these obstructions, Stevens has difficulty seeing and focusing with his left eye. The ALJ did discuss Stevens’s left eye impairment…