Renee Maines v. Carolyn Colvin

MEMORANDUM

On behalf of her minor daughter, L.M., Renee Maines appeals- the district court’s order affirming the Social Security Commissioner’s denial of L.M.’s application for Supplemental Security Income benefits from ages six through eighteen. We have jurisdiction under 28 U.S.C. § 1291 . Reviewing the district court’s decision de novo and the determination of the administrative law judge (“ALJ”) for substantial evidence,' Dale v. Colvin, 823 F.3d 941, 943 (9th Cir. 2016), we reverse and remand.

Maines contends that the ALJ erred by evaluating L.M.’s claim under the versions of Listings 109.00 and 109.08 that went into effect on June 7, 2011—more than two years after L.M. filed her application for benefits and after L.M.’s claim had already been decided initially and on reconsideration. We agree. A claimant’s eligibility for benefits, once determined, is effective based on the date his or her application is filed. 42 U.S.C. § 1382 (c)(7). Absent express direction from Congress to the contrary, the ALJ should have continued to evaluate L.M.’s application under the listings in effect at the time she filed her application. See Ball v. Massanari, 254 F.3d 817, 820-21 (9th Cir.…