Manzo v. Apfel
Manzo v. Apfel
Opinion of the Court
MEMORANDUM
Joseph Manzo appeals the district court’s grant of summary judgment in favor of the Commissioner of Social Security in Manzo’s application seeking disability insurance benefits and supplemental security income benefits under Titles II and XVI of the Social Security Act, respectively. We reverse and remand.
(1) Manzo asserts that the Administrative Law Judge erred at the third step of the five step sequential evaluation process
We recognize that the record is not entirely clear because Manzo testified that when he was on a job and could not lie down, he just endured. Whether he could endure if he were working full time was not explored. However, it is the ALJ’s duty to develop the record. See DeLorme v. Sullivan, 924 F.2d 841, 849 (9th Cir. 1991). By the same token, Manzo’s failure to note the ALJ’s failure to include the limitation in the hypothetical does not bar him; it was the ALJ’s duty to present the hypothetical properly.
In short, the ALJ did not reject Manzo’s testimony, nor did he include the limitation in the hypothetical, nor did he develop the record sufficiently to make a conclusion one way or another apodictic. Therefore, we reverse and remand to the district court with directions to remand to the Commissioner so that the record can be fully developed, the ALJ can determine whether Manzo must lie down during a working day, and, if so, can make that limitation part of a hypothetical to a vocational expert. See Reddick v. Chater, 157 F.3d 715, 728 (9th Cir. 1998).
REVERSED AND REMANDED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. See 20 C.F.R. §§ 404.1520, 416.920.
Reference
- Full Case Name
- Joseph T. MANZO v. Kenneth S. APFEL, Commissioner
- Cited By
- 1 case
- Status
- Published