Connor
Connor v. Barnhart
Opinion
Lead Opinion
*601 MEMORANDUM **
Claimant Marjorie Connor appeals the district court’s order granting summary judgment and affirming the Social Security Commissioner’s finding that she was not disabled under the Social Security Act. We reverse and remand for further proceedings. Because the parties are familiar with the facts and procedural history, we need not recount it here.
The Commissioner has established a “special technique” used to evaluate the severity of mental impairments for adults claiming a disability under the Social Security Act. 20 C.F.R. § 404 .1520a (2003). Section 404.1520a was amended in 2000 and the new rules became effective on September 20, 2000, just over a month before Connor’s November 7, 2000, hearing. 65 Fed.Reg. 507746-01 (2000). In order to satisfy section 404.1520a standards, the old regulations merely required the Administrative Law Judge (ALJ) to prepare and append a “Psychiatric Review Technique Form” (PRTF) to each decision. 20 C.F.R. § 404 .1520a(d) (2000); Gutierrez v. Apfel, 199 F.3d 1048, 1049-50 (9th Cir. 2000). The new regulations abolished this practice in favor of the ALJ or Appeals Council incorporating the pertinent findings and conclusions into…