Carla Lyons v. Nancy Berryhill

FILED NOT FOR PUBLICATION JUN 30 2017 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT CARLA LOUISE LYONS, No. 15-17322 Plaintiff-Appellant, D.C. No. 3:14-cv-08048-JZB v. MEMORANDUM* NANCY BERRYHILL, Defendant-Appellee. Appeal from the United States District Court for the District of Arizona John Z. Boyle, Magistrate Judge, Presiding Submitted on the Briefs June 12, 2017** San Francisco, California Before: SCHROEDER and N.R. SMITH, Circuit Judges, and PIERSOL,*** District Judge. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** This panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable Lawrence L. Piersol, United States District Judge for the District of South Dakota, sitting by designation. Carla Lyons (“Lyons”) appeals from the district court’s decision remanding for further proceedings in Lyons’ action for disability insurance benefits under Title II of the Social Security Act. We review the district court’s decision to remand for further proceedings for abuse of discretion, Treichler v. Comm’r of Soc. Sec. Admin., 775 F.3d 1090, 1098 (9th Cir. 2014), and we affirm. The Administrative Law Judge (“ALJ”) denied Lyons disability insurance benefits upon concluding, at step two of the five-step sequential evaluation process, that Lyons’ impairments were non-severe. The ALJ did not develop the record regarding steps three, four, and five. Given the lack of analysis beyond step two, we affirm the district court’s decision to remand to the ALJ for further administrative proceedings. AFFIRMED. 2