Farris

MEMORANDUM *

Michael Farris appeals from the judgment of the district court, which affirmed the Commissioner of the Social Security Administration’s decision denying his application for disability insurance benefits and Social Security disability benefits. The parties are familiar with the facts so we will not set them out here. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse and remand to the district court with instructions to remand to the Commissioner for further proceedings.

A district court’s order upholding the Commissioner’s denial of benefits is reviewed de novo. Benton v. Barnhart, 331 F.3d 1030, 1035 (9th Cir.2003). The decision of the Commissioner must be affirmed if it is supported by substantial evidence and the Commissioner applied the correct legal standards. Id. Substantial evidence is more than a mere scintilla, but less than a preponderance. Mayes v. Massanari, 276 F.3d 453, 459 (9th Cir.2001).

We agree with Farris’ contention that the Administrative Law Judge (“ALJ”) improperly rejected the opinion of Ann Bruce, M.D., his treating psychologist. See Lester v. Chater, 81 F.3d 821, 830 (9th Cir.1995) (holding that when the ALJ does not adopt…