Breed

MEMORANDUM ***

Susan H. Breed appeals the district court’s decision affirming a denial of her application for social security disability benefits by the Commissioner of the Social Security Administration (Commissioner). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse and remand.

We review de novo the district court’s judgment affirming the Commissioner’s denial of benefits. We must affirm the denial of benefits if the Commissioner’s decision is (1) free of legal error and (2) supported by substantial evidence. Smolen v. Chater, 80 F.3d 1273, 1279 (9th Cir.1996).

The Administrative Law Judge (ALJ) concluded that Breed had submitted sufficient medical evidence to establish that she has familial periodic vertigo and ataxia and that this condition amounts to a severe impairment. But he concluded that her condition did not meet or equal a listed impairment and that she experiences no functional limitations that would prevent her from performing past relevant work. Accordingly, he rejected her claim for disability benefits.

Breed first contends that the ALJ erred in concluding that her condition does not meet or equal a listed impairment. Breed contends that her…