Brooks

*729 MEMORANDUM **

Neil Brooks appeals from the district court’s grant of summary judgment in favor of the Commissioner of Social Security, affirming the Commissioner’s final decision to deny Brooks’ application for disability benefits under Title II of the Social Security Act. We affirm.

I.

Brooks argues that the administrative law judge (ALJ) failed to fully and fairly develop the administrative record because he issued a decision before holding a supplemental hearing. “In Social Security cases, the ALJ has a special duty to develop the record fully and fairly and to ensure that the claimant’s interests are considered, even when the claimant is represented by counsel.” Mayes v. Massanari, 276 F.3d 453, 459 (9th Cir.2001).

Although the ALJ suggested that a supplemental hearing would be prudent so that he could hear from Brooks’ treating physicians, he made his decision without holding that hearing or otherwise notifying Brooks that the record was closed. While the record does not tell us why he changed his mind, it certainly would have been the better practice to have given the parties notice of the change in direction, and the reasons for it, before proceeding to a final…