Dawn Samples v. Commissioner Social Security Administration
Opinion
Opinion
MEMORANDUM
Dawn Samples appeals the district court’s judgment affirming the denial of disability benefits by the Commissioner of the Social Security Administration. We vacate in part and affirm in part, and remand for further proceedings.
We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo a district court’s order upholding a decision by the Social Security Commissioner that denies benefits to an applicant. Batson v. Comm’r of Soc. Sec. Admin., 359 F.3d 1190, 1193 (9th Cir.2004).
Samples challenges the Administrative Law Judge’s (ALJ) assessment of her residual functional capacity (RFC), specifically his failure to incorporate a finding made by Dr. James Wahl on a “check-off’ form that Samples is moderately to markedly limited in her “ability to accept instructions and respond appropriately to criticism from supervisors.” “[A]n RFC that fails to take into account a claimant’s limitations is defective.” Valentine v. Comm’r of Soc. Sec. Admin., 574 F.3d 685, 690 (9th Cir.2009). The ALJ must determine a claimant’s limitations on the basis of “all relevant evidence in the record.” Robbins v. Soc. Sec. Admin., 466 F.3d 880, 883 (9th Cir.2006).