Lawrence E. Bruton v. Larry G. Massanari, Acting Commissioner of Social Security

Plaintiff-appellant Lawrence Bruton (“Bruton”) appeals from the district court’s decision granting summary judgment in favor of the Commissioner of the Social Security Administration (“Commissioner”) in Bruton’s action for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401-434 . On appeal, Bruton argues that: (1) the district court erred in denying Bruton’s motion to remand his benefits application in light of a later award of benefits based on a second application; (2) the Administrative Law Judge (“ALJ”) erred in mechanically applying the Medical-Vocational Guidelines, 20 C.F.R. pt. 404, subpt. P, app. 2 (the “grids”), rather than soliciting the testimony of a vocational expert; and (3) the ALJ erred in disregarding Bruton’s subjective pain testimony.

We have jurisdiction pursuant to 28 U.S.C. § 1291 . Because we hold that the ALJ erred in relying on the grids rather than soliciting the testimony of a vocational expert, we reverse the district court and remand to the Commissioner for further proceedings consistent with this opinion. We affirm the district court in all other regards.

I. BACKGROUND

Bruton was born on May 25,1946, and is…