700 F.3d 386
9th Cir.2012Background
- Jennie Beltran, a 56-year-old with extensive musculoskeletal and mental health limitations, applied for SSDI and SSI with onset date proposed as June 30, 2000.
- ALJ denied benefits initially and on reconsideration; after remand, a second hearing occurred on December 13, 2007.
- The ALJ found Beltran unable to perform past work but concluded there were a significant number of other jobs she could perform, allowing benefits denial prior to January 9, 2006.
- Vocational expert testified that, but for Beltran's alcoholism, she could work as a surveillance system monitor with 135 regional or 1,680 national jobs available.
- The district court granted summary judgment for the Commissioner; the Ninth Circuit reversed, remanding for further proceedings.
- Beltran's legitimate constraints included limited walking/standing, need for an assistive device, and substantial mobility restrictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 135 regional or 1,680 national jobs are a 'significant number'. | Beltran argues these counts are not significant given her limitations. | Beltran's job counts meet the statutory 'significant numbers' threshold either regionally or nationally. | 135 regional jobs are not significant; nor are 1,680 national jobs when spread across several regions. |
Key Cases Cited
- Walker v. Mathews, 546 F.2d 814 (9th Cir. 1976) (few or rare jobs cannot support disability if unavailable due to claimant's limitations)
- Barker v. Secretary of Health & Human Services, 882 F.2d 1474 (9th Cir. 1989) (significant numbers defined; regional counts used to assess significance)
- Martinez v. Heckler, 807 F.2d 771 (9th Cir. 1987) (percentages and regional scope inform significance of job counts)
- Thomas v. Barnhart, 278 F.3d 947 (9th Cir. 2002) (regional vs national job counts to assess eligibility)
- Johnson v. Shalala, 60 F.3d 1428 (9th Cir. 1995) (state-level job counts as significant indicators)
- Moncada v. Chater, 60 F.3d 521 (9th Cir. 1995) (regional/national counts used in significance determinations)
- Bayliss v. Barnhart, 427 F.3d 1211 (9th Cir. 2005) (significant job determination requires substantial evidence and proper standard of review)
- Richardson v. Perales, 402 U.S. 389 (Supreme Court 1971) (substantial evidence standard for evaluating disability findings)