Rondan

Rondan v. Halter

Good Law
8 F. App'x 724
United States Court of Appeals for the Ninth CircuitApril 20, 2001No. 99-56152; D.C. CV-97-05083 RSWL (RZ)California485 words

Opinion

Lead Opinion

MEMORANDUM ***

Jesus Rondan appeals the district court’s decision affirming the Commissioner of Social Security’s denial of Social Security disability benefits. We have juris *725 diction pursuant to 28 U.S.C. § 1291 , and we reverse and remand.

We review de novo the decision of the district court affirming the decision of the Commissioner and will affirm the Commissioner if the decision is supported by substantial evidence and the Commissioner applied the correct legal standards. Tackett v. Apfel, 180 F.3d 1094, 1097 (9th Cir.1999).

Rondan argues that the ALJ failed to fully and fairly develop the record because he did not use a medical expert to interpret medical evidence. We agree. An ALJ in social security cases has a duty to fully and fairly develop the record and to assure that the claimant’s interests are considered. Tonapetyan v. Halter, 242 F.3d 1144, 1150 (9th Cir.2001); DeLorme v. Sullivan, 924 F.2d 841, 849 (9th Cir.1991); 20 C.F.R. § 404.1512 (d) (2000). Because Rondan had no counsel, the ALJ should have been especially diligent. Tonapetyan, 242 F.3d at 1150 . Rondan demonstrated that he was unable to do his past relevant work because he suffers from emphysema,…

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