Stephanie Garcia v. Comm. of Social Security

OPINION

MURGUIA, Circuit Judge:

Stephanie Garcia appeals from the district court’s order affirming the Commissioner of Social Security’s (the “Commissioner”) denial of benefits on the basis that she was not intellectually disabled. Garcia argues that the administrative law judge (ALJ) who determined that she was not disabled had a duty to develop the record because that record did not include a complete set of valid IQ scores. We agree that the ALJ had a duty to order further IQ testing, and we further conclude that the ALJ’s failure to do so was an error that cannot be considered harmless. We…