Vo

MEMORANDUM *

The Social Security Commissioner denied Appellant Ahn Vo’s application for disability benefits. Vo seeks review alleging that the Administrative Law Judge’s (“ALJ”) finding of “not disabled” is not supported by substantial evidence because the ALJ erred in discrediting Vo’s pain testimony. We now reverse and remand for an award of benefits.

We hold that the ALJ did not provide clear and convincing reasons to reject Vo’s subjective pain testimony, see Batson v. Comm’r of Soc. Sec. Admin., 859 F.3d 1190, 1196 (9th Cir.2004), and therefore, the Commissioner’s decision to deny benefits is not supported by substantial evidence. See Robbins v. Soc. Sec. Admin., 466 F.3d 880, 886 (9th Cir.2006).

We hold that the second hypothetical posed by the ALJ more closely resembles Vo’s limitations but that the hypothetical is legally flawed because it failed to take into account Vo’s subjective pain testimony. See id. The second hypothetical stated the following: “This individual can lift a maximum of five pounds. This individual is limited to standing or walking for one half hour during the course of a workday. This individual is limited to sitting for two hours during the course…