U.S. Court of Appeals for the Ninth Circuit, 2017

Cristalinda Farias v. Nancy Berryhill

Cristalinda Farias v. Nancy Berryhill
U.S. Court of Appeals for the Ninth Circuit · Decided December 21, 2017 · Clifton, Smith, Christen
707 F. App'x 905

Cristalinda Farias v. Nancy Berryhill

Opinion

MEMORANDUM **

Cristalinda Farias appeals the district court’s decision affirming the denial of her application for supplemental security income. We have jurisdiction under 28 U.S.C. § 1291, and we vacate and remand.

The administrative law judge (ALJ) posed an incomplete hypothetical to the vocational expert because the ALJ failed to include all Farias’s residual functional capacity (RFC) findings. Bray v. Comm’r of Soc. Sec. Admin., 554 F.3d 1219, 1228 (9th Cir. 2009). The hypothetical concerned an employee who only needed “breaks” rather than “frequent breaks,” and who had the ability to “stand or walk” rather than “stand and walk.” Because the ALJ narrowed Farias’s RFC without explanation, we vacate and remand to the ALJ for further proceedings. Matthews v. Shalala, 10 F.3d 678, 681 (9th Cir. 1993).

Each party shall bear its own costs.

VACATED and REMANDED.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

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