Taylor

*665 MEMORANDUM ***

Leona Taylor appeals the district court’s summary judgment affirming the Commissioner of Social Security (“Commissioner”) in his denial of Supplemental Security Income disability insurance benefits under Title XVI of the Social Security Act, 42 U.S.C. §§ 1381 -83f. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse and remand.

We review de novo the district court’s order. See Johnson v. Shalala, 60 F.3d 1428, 1432 (9th Cir.1995). The Commissioner’s denial of benefits may be overturned when “it is not supported by substantial evidence, or ... is based on legal error.” Id.

The district court wrongly concluded that the Administrative Law Judge’s (“ALJ”) failure to follow the precise guidelines for evaluation of mental impairments was harmless error. See 20 C.F.R. § 416 .920a (1998); Gutierrez v. Apfel, 199 F.3d 1048, 1051 (9th Cir.2000) (holding ALJ’s failure to complete required psychiatric review technique form required remand where claimant presented colorable claim of mental impairment). The ALJ failed to make the required functional assessment under either the 1998 version of § 416.920a in effect at the time of the hearing or the amended…