Barnhart

MEMORANDUM ***

Appellant Duane E. Miller (“Miller”) appeals the decision of the district court, which affirmed the ruling of the Commissioner of Social Security denying his application for social security disability benefits. We vacate and remand for further proceedings consistent with this disposition.

We must decide whether remand of Miller’s case to the Administrative Law Judge (“ALJ”) for consideration of a letter from Dr. William Pochis, Miller’s examining physician, is appropriate. Under Mayes v. Massanari, in determining whether to remand a case to the district court in light of new evidence, this court examines both whether the new evidence is material to a disability determination and whether a claimant has shown good cause for having failed to present the new evidence to the ALJ earlier. The determination of whether the new evidence is material is reviewed de novo. See Mayes v. Massanari, 276 F.3d 453, 462 (9th Cir.2001); Booz v. Secretary of Health & Human Servs., 734 F.2d 1378, 1380 (9th Cir.1984). The determination of whether a claimant has shown good cause for having failed to present new evidence to the ALJ earlier is reviewed for abuse of discretion. See Mayes,…