Held

ORDER RE: MOTION TO REMAND AND CROSS-MOTION FOR SUMMARY JUDGMENT

Social Security disability hearings are not adversarial proceedings. DeLorme v. Sullivan, 924 F.2d 841, 849 (9th Cir.1991). Rather than serving as umpires who mechanically call balls and strikes, administrative law judges in such hearings should share the same goal that claimants and their advocates also seek: “that deserving claimants who apply for benefits receive justice.” Wilcutts v. Apfel, 143 F.3d 1134, 1138 (8th Cir.1998) (internal quotation marks and citation omitted). Thus, unlike in the traditional adversarial system of justice, where the trier of fact simply takes in the evidence, deliberates, and makes a decision based on the evidence heard, the *1036 ALJ in Social Security proceedings is obligated to play a more active role.

Plaintiff Paul L. Held seeks judicial review of the Commissioner of Social Security’s termination of his disability benefits, and argues that the ALJ failed to play this active role. According to Held, the ALJ failed to develop a full and fair record. In particular, the ALJ discounted evidence from Held’s treating physician, without instructing Held on the steps he could have taken…