Brown

Brown v. Astrue

Good Law
267 F. App'x 620
United States Court of Appeals for the Ninth CircuitFebruary 20, 2008No. 06-35123California381 words

Opinion

lead Opinion

MEMORANDUM ***

Plaintiff-Appellant Dallas Brown appeals the district court’s decision to remand his claim for disability insurance benefits for further administrative proceedings. Brown argues that the remand should have been for a calculation of benefits. Under these circumstances, we re *622 view the district court’s decision to remand for abuse of discretion. Benecke v. Barnhart, 379 F.3d 587, 590 (9th Cir.2004). We affirm, but limit the scope of the remand.

Here, the Commissioner acknowledged in the district court that the ALJ failed to provide legally sufficient reasons for rejecting the opinion of the vocational expert who testified that there were no jobs that a person with Brown’s residual functional capacity could perform. The district court then identified two outstanding issues that needed to be resolved before a determination of disability could be made. See Smolen v. Chater, 80 F.3d 1273, 1292 (9th Cir.1996).

First, the district court determined that Brown’s lifting limitations may have varied during the relevant period under review. Second, the district court found that the record was unclear as to whether Brown could perform jobs classified as “sedentary” based…

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