Case Information
*1 Before: PREGERSON and FISHER, Circuit Judges, and DANIEL, District
Judge. [***] *2
Griselda Farias appeals the district court’s order upholding the Commissioner’s denial of disability insurance benefits and supplemental security income benefits. We vacate the district court’s order and remand for further proceedings consistent with this disposition. The ALJ erred by failing to inquire whether the vocational expert’s (VE)
testimony regarding the job requirements for ticket taker (DOT 344.667-010), copy
messenger (DOT code 239.677-010) and hostess (DOT code 349.677-014)
conflicts with the
Dictionary of Occupation Titles
(DOT).
SSR 00–4p
, 2000 WL
1898704 (Dec. 4, 2000).
Massachi v. Astrue
,
by the VE as substantial evidence that someone with Farias’ characteristics and
residual functional capacity (RFC) could perform the job of hostess (DOT
349.667-014).
See Andrews v. Shalala
,
I n t r o d u c e s u n a c c o m p a n i e d p e r s o n s a t d a n c e h a l l t o HOSTS/HOSTESSES, DANCE HALL (amuse. & rec.), explaining procedure of engaging social partner. Inspects dress of HOSTS/HOSTESSES, DANCE HALL (amuse. & rec.) to ensure that they present clean and pleasing personal appearance. Attempts to distribute patrons equally among HOSTS/ HOSTESSES, DANCE HALL (amuse. & rec.).
Dictionary of Occupational Titles 349.667-014,
A reasonable mind would not accept the VE’s testimony that there are 3,600 head dance hall hostess positions in the local economy and 342,000 in the national economy. The most plausible explanation appears to be that the VE properly testified that a person with Farias’ characteristics and RFC could perform the job requirements of head dance hall hostess but erroneously provided employment data for restaurant hostess – an occupation that exists in far larger numbers. Notably, *4 the employment numbers reported by the Bureau of Labor Statistics for the occupation of restaurant host/hostess are very similar to the numbers the VE proffered for the job of head dance hall hostess. Hosts and Hostesses, Restaurant, Lounge, and Coffee Shop, Bureau of Labor Statistics , http://www.bls.gov/oes/current/oes359031.htm (341,400 such jobs exist nationally based on the most current BLS data); News, Bureau of Labor Statistics (May 1, 2009), http://www.bls.gov/news.release/archives/ocwage_05012009.pdf (349,990 such jobs existed nationally in 2008). The ALJ’s conclusion is therefore not supported by substantial evidence – “such relevant evidence as a reasonable mind might accept as adequate to support [the ALJ’s] conclusion.” Orn v. Astrue , 495 F.3d 625, 630 (9th Cir. 2007).
Accordingly, we vacate the decision of the district court and remand with instructions to remand to the Commissioner for further consideration and testimony concerning the types of jobs that Farias could perform and the numbers of those positions that exist in the economy.
VACATED and REMANDED .
Notes
[*] This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
[**] Carolyn Colvin is substituted for her predecessor, Michael Astrue, as Acting Commissioner of the Social Security Administration. Fed R. App. P. 43(c)(2).
[***] The Honorable Wiley Y. Daniel, Senior United States District Judge for the District of Colorado, sitting by designation.