Boren

MEMORANDUM **

The Social Security Commissioner found Appellant Cynthia Boren disabled since October 9, 2002. Boren seeks review of the Administrative Law Judge’s (“ALJ”) application of res judicata barring any reconsideration of “disability” prior to February 25, 2000, the date the first ALJ *675 found Boren “not disabled.” We now reverse and remand.

The doctrine of res judicata is not rigidly applied to disability determinations. See Fair v. Bowen, 885 F.2d 597, 600 (9th Cir.1989). The enforcement of res judica-ta in such cases “must be tempered by fairness and equity.” Thompson v. Schweiker, 665 F.2d 936, 940 (9th Cir. 1982). A rigid application of res judicata is not appropriate here because Boren was not represented by an attorney during her first hearing. See e.g., Gregory v. Bowen, 844 F.2d 664, 666 (9th Cir.1988); Lester v. Chater, 81 F.3d 821, 827-28 (9th Cir.1996) (amended). The record is inadequate to support the findings of the ALJ in the prior proceeding. See Thompson, 665 F.2d at 941 (‘Where the record is patently inadequate to support the findings the ALJ made, application of res judicata is tantamount to a denial of due process”). Both of the consulting physicians…