Halter

MEMORANDUM **

Sadie Miller appeals the judgment affirming the Commissioner of Social Security’s (“Commissioner”) denial of disability benefits under Title II of the Social Security Act, 42 U.S.C. § 401-33 . Miller argues that (1) the Administrative Law Judge (“ALJ”) improperly concluded that Miller is able to perform her past relevant work; and (2) the reasons given by the ALJ for discrediting her subjective pain testimony are not supported by substantial evidence. We review a grant of summary judgment de novo. Smolen v. Chater, 80 F.3d 1273, 1279 (9th Cir.1996). We have jurisdiction, 28 U.S.C. § 1291 , and we reverse and remand.

The ALJ improperly determined that Miller has the residual functional capacity to perform her past relevant work. The ALJ’s conclusion that he “hardly see[s] the need for [CPR] in an institutional setting when aides, licensed vocational nurses, and technicians are all required to be certified in it and when respirators and insufflators are readily available” is speculation unsupported by substantial evidence. The record reflects that the health care industry customarily requires registered *874 nurses to maintain CPR certification throughout their…