Mann

MEMORANDUM *

Joe Mann (“Mann”) appeals from the district court’s decision affirming the Commissioner of Social Security’s (“Commissioner”) determination that Mann was not eligible for Social Security disability insurance benefits or Supplemental Security Income disability benefits.

We have jurisdiction pursuant to 28 U.S.C. § 1291 and we remand for consideration of two issues. We conclude that the Administrative Law Judge (“ALJ”) failed to consider the lay testimony of James McNutt. The ALJ also did not consider the opinion of Dr. Syna, which was first presented to the Appeals Council. We therefore remand to the district court with instructions to remand to the Commissioner for consideration of these two issues.

1. Testimony of McNutt

McNutt operates the adult foster home where Mann stayed for six months after his initial injury. He testified that Mann comes to the foster home approximately once a week to do laundry and that Mann has difficulty remembering how to use the washer. Although Mann tried cooking there, he is no longer allowed to cook at the foster home because he frequently forgot things on the stove. McNutt testified that Mann would frequently get lost, even in…