Dykstra

Dykstra v. Barnhart

Good Law
94 F. App'x 449
United States Court of Appeals for the Ninth CircuitMarch 15, 2004No. 02-36107; D.C. No. CV-01-06351-FRCalifornia633 words

Opinion

Lead Opinion

MEMORANDUM **

The Administrative Law Judge (“ALJ”) did not comply with the procedures required for the evaluation of mental impairments under 20 C.F.R. § 404 .1520a. Be *450 cause we conclude that this error was not harmless, we reverse the judgment of the district court and remand for proceedings consistent with this memorandum.

To evaluate a claim of disability based on mental impairment, the Commissioner is required to utilize a standard technique at the administrative hearing level in order to assist the Commissioner in (1) identifying the need for additional evidence, (2) considering and evaluating the functional consequences of the mental disorder on the claimant’s ability to work and (3) organizing and presenting the facts. See 20 C.F.R. § 404 .1520a(a). To ensure that the ALJ properly followed these procedures, the ALJ must incorporate “pertinent findings and conclusions based on the technique” in his written decision and “include a specific finding as to the degree of limitation in each of [four] functional areas.” 20 C.F.R. § 404 .1520a(e)(2).

The ALJ here did not incorporate “pertinent findings and conclusions” suggesting that he had properly followed these…

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