Delaney

MEMORANDUM ***

Anne Delaney appeals the district court’s order remanding her application for Social Security disability benefits to the Commissioner of Social Security for further consideration. 1 She contends we should reverse the district court’s order and direct that her application for benefits be granted. We review for abuse of discretion the disfrict court’s decision to remand for further proceedings, Harman v. Apfel, 211 F.3d 1172, 1177-78 (9th Cir. 2000), and reverse.

This court will remand for an immediate payment of benefits if “(1) the ALJ has failed to provide legally sufficient reasons for rejecting [a medical opinion], (2) there are no outstanding issues that must be resolved before a determination of disability can be made, and (3) it is clear from the record that the ALJ would be required to find the claimant disabled were such evidence credited.” Id. Here, the district court correctly found, and the Commissioner concedes, that the ALJ failed adequately to consider the opinion of an examining psychiatrist, Dr. Karalis. The ALJ’s hypothetical questions to the vocational expert (“VE”)failed to set out all the limitations and restrictions applicable to Delaney. See…