Valenzuela v. Astrue
Valenzuela v. Astrue
Opinion of the Court
MEMORANDUM
Manuel Valenzuela appeals the district court’s grant of summary judgment upholding the Commissioner of Social Security’s (“Commissioner”) denial of Valenzuela’s application for Supplemental Security Income (“SSI”) benefits based on his inability to work due to Carpal Tunnel Syndrome and Hepatitis C. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 42 U.S.C. § 405(g). We reverse and remand to the district court with instructions to remand to the Commissioner for the calculation and award of benefits.
The district court incorrectly found that the Administrative Law Judge’s (“ALJ”) decision is supported by substantial evidence.
A claimant qualifies for SSI benefits if he is not currently working, has a severe impairment, and “his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy.” 42 U.S.C. § 1382c(a)(3)(B); Quang Van Han v. Bowen, 882 F.2d 1453, 1456 (9th Cir. 1989).
The ALJ found that Valenzuela was not currently working and had a severe impairment. When the ALJ posed a hypothetical question to the vocational expert (“VE”) asking whether, taking Va
Accordingly, the ALJ erred by denying Valenzuela’s claim for benefits. Valenzuela was not working, had a severe impairment, and — according to the only relevant evidence in the record — was unable to perform his past relevant work or any other job in the national economy, thus satisfying all requirements of 42 U.S.C. § 1382c(a)(3)(B).
We may remand for a benefits award “where no useful purpose would be served by further administrative proceedings and the record has been thoroughly developed.” Swenson v. Sullivan, 876 F.2d 683, 689 (9th Cir. 1989). Each of the requirements of 42 U.S.C. § 1382c(a)(3)(B) has been established, and there are no “outstanding issues that must be resolved before a proper disability determination can be made.” Varney v. Sec’y of Health and Human Servs., 859 F.2d 1396, 1401 (9th Cir. 1988). Therefore, we remand to the district court with instructions to remand to the Commissioner for the immediate payment of benefits retroactive to the onset of Valenzuela’s disability.
REVERSED and REMANDED with award of benefits.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
. Because we find in favor of Valenzuela on this ground, we do not address his arguments regarding prejudice for lack of representation; whether his impairment precluded all work activity for twelve months; or whether the ALJ properly resolved the discrepancy between the vocational expert's testimony and the Dictionary of Occupational Titles.
Concurring in Part
concurring in part and dissenting in part.
I agree, for the reasons explained in the court’s disposition and because of the government’s concessions at oral argument, that this case should be remanded. At this point, however, I believe that it is premature for our court to direct an award of benefits. I would therefore simply remand for further administrative proceedings. Harman v. Apfel, 211 F.3d 1172, 1178 (9th Cir. 2000).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.