Dooley

MEMORANDUM **

We have jurisdiction under 28 U.S.C. § 1291 , and we reverse and remand.

It is not clear whether Dr. Smulovitz’s opinion on the ultimate issue of Dooley’s disability was based on mental, physical, or a combination of physical and mental, impairments. Because of this ambiguity, we cannot conclude that the decision of the Administrative Law Judge (ALJ) to reject Dr. Smulovitz’s opinion was supported by substantial evidence in the record. 1 Moreover, because Dooley *696 successfully demonstrated that he could no longer engage in his former occupation, “it was incumbent on the [Commissioner] to show that there were other types of work which Dooley was capable of doing.” 2 Thus, the Commissioner-not Dooley-had the burden of clarifying the ambiguity, and the Commissioner failed to do so. 3 We therefore remand the case to the district court with instructions that it remand the case to the ALJ, under sentence four of 42 U.S.C. § 405 (g), 4 for further administrative proceedings.

REVERSED AND REMANDED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.

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