Schiel

Schiel v. Commissioner of Social Security

Good Law
267 F. App'x 660
United States Court of Appeals for the Ninth CircuitFebruary 21, 2008No. 06-15879California357 words

Opinion

lead Opinion

MEMORANDUM ***

Arthur Schiel appeals a grant of summary judgment validating the denial of his claim for Social Security disability insurance benefits under Title II of the Social Security Act. We reverse and direct the district court to remand to the Commissioner of Social Security for further proceedings.

An Administrative Law Judge (“ALJ”) must consider whether an older age category would be more appropriate when “you are within a few days to a few months of reaching an older age category, and using the older age category would result *661 in a determination or decision that you are disabled.” 20 C.F.R. § 404.1563 (b). Schiel was fifty-four years and eleven months old on the date he was last insured. Under Medical-Vocational Guidelines Rule 202.02, a person one month older than Schiel with non-transferable skills or semi-skills would be deemed disabled. Since the grids might enable a finding of disability, the ALJ must consider application of the older age category. Additionally, Swenson v. Sullivan, 876 F.2d 683, 688 (9th Cir.1989), requires that the ALJ reject any vocational expert testimony inconsistent with the consideration required by the grids. Id. (“[T]he regulations…

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