McClain

MEMORANDUM **

Claimant Victor McClain appeals from the district court’s summary judgment affirming a final decision of the Commissioner of Social Security (“Commissioner”) denying him disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401 et seq. McClain argues that the Administrative Law Judge: (1) did not consider whether his impairments in combination met or equaled a listed impairment; and (2) failed to articulate clear *436 and convincing reasons for rejecting McClain’s subjective testimony regarding his pain. We have jurisdiction under 12 U.S.C. § 1291 , and we reverse and remand for further proceedings consistent with this memorandum.

The district court’s order affirming the Commissioner’s denial of benefits is reviewed de novo. Smolen v. Chater, 80 F.3d 1273, 1279 (9th Cir.1996). This court may not substitute its judgment for that of the Commissioner. Macri v. Chater, 93 F.3d 540, 543 (9th Cir.1996). The court can, however, set aside a denial of benefits not supported by substantial evidence or one based on legal error. Smolen, 80 F.3d at 1279 .

McClain first argues that the ALJ failed to consider his “listed impairments” in…