Carlos Gutierrez v. Commissioner of Social Securit
2014 U.S. App. LEXIS 1246
9th Cir.2014Background
- Carlos Gutierrez (Bakersfield, CA) applied for SSI alleging disability since 2000; Commissioner denied benefits and ALJ denied at step five of the five-step process.
- ALJ relied on vocational expert (VE) testimony that Gutierrez could work as an assembler (1,500 CA; 15,000 nationwide) or almond blancher (1,000 CA; 10,000 nationwide), totaling 2,500 jobs in California and 25,000 nationwide.
- Appeals Council denied review; district court affirmed, treating California as the relevant “region” and 2,500 jobs as a significant number.
- Ninth Circuit reviewed de novo legal issues and for substantial evidence on factual findings, framed around the statutory phrase “region where such individual lives” in 42 U.S.C. § 1382c(a)(3)(B).
- Gutierrez argued (1) “region” should be a smaller area (e.g., OMB Metropolitan/Micropolitan Statistical Areas or immediate/local area) and (2) 2,500 (or 25,000) jobs are not “significant.” Court rejected both contentions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper definition of “region” under § 1382c(a)(3)(B) | "Region" should be limited to the claimant’s MMSA or immediate/local commuting area | "Region" can be defined more broadly; ALJ may treat a State as a region | Court: "region" is not limited to immediate area or MMSA; state may qualify as a region |
| Use of OMB Metropolitan/Micropolitan Statistical Areas to define region | MMSA delineation should control to reflect real labor markets | MMSAs are statistical tools not intended for nonstatistical programs; they leave many areas undefined | Court: Rejects MMSA as mandatory definition for "region" |
| Whether 2,500 jobs in California is a "significant number" | 2,500 statewide is too few given California’s size | 2,500 (statewide) is within range of numbers courts have upheld as significant | Court: 2,500 jobs in California is a significant number in the region |
| Whether 25,000 nationwide jobs satisfies "several regions" requirement | Nationwide total may be insufficient if jobs are isolated in few locations | 25,000 nationwide is substantial and not merely isolated jobs | Court: 25,000 national jobs constitute significant work in several regions; ALJ’s step-five finding stands |
Key Cases Cited
- Beltran v. Astrue, 700 F.3d 386 (9th Cir. 2012) (statutory disjunction: significant jobs may be regional OR in several regions nationally)
- Barrett v. Barnhart, 368 F.3d 691 (7th Cir. 2004) (VE testimony commonly given in state-level or smaller job counts)
- Thomas v. Barnhart, 278 F.3d 947 (9th Cir. 2002) (upholding state-level job numbers as sufficient)
- Moncada v. Chater, 60 F.3d 521 (9th Cir. 1995) (several-thousand jobs in a county held significant)
- Torske v. Richardson, 484 F.2d 59 (9th Cir. 1973) (job area not confined to claimant’s immediate locality)