Selassie

MEMORANDUM **

Umoja Selassie appeals from the district court’s grant of summary judgment against him in his action challenging the termination of his disability benefits. We reverse and remand for further proceedings. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

We review de novo a district court’s order upholding a denial of benefits. Rollins v. Massanari, 261 F.3d 853, 855 (9th Cir.2001). We will uphold the ALJ’s decision “if it was supported by substantial evidence in the record and ap *176 plied the correct legal standards.” Id. at 856 .

Selassie was granted a period of disability benefits commencing in March 1995 with a primary diagnosis of schizophrenia. In a November 2002 decision, the administrative law judge (“ALJ”) determined that Selassie’s medical condition had improved and affirmed the Hearing Officer’s prior decision to cease Selassie’s benefits as of August 31, 2001.

The ALJ, however, failed to document his application of the “special technique” for evaluating severity of mental impairments, as required by 20 C.F.R. § 404 .1520a. This failure constitutes legal error. In Gutierrez v. Apfel,…