Opinion
No. 16-56030
11-20-2017
COLLEEN MARIE KAUWOH, Plaintiff-Appellant, v. NANCY A. BERRYHILL, Acting Commissioner Social Security, Defendant-Appellee.
NOT FOR PUBLICATION
D.C. No. 3:15-cv-01621-JLS-MDD MEMORANDUM Appeal from the United States District Court for the Southern District of California
Janis L. Sammartino, District Judge, Presiding Before: CANBY, TROTT, and GRABER, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Colleen Marie Kauwoh appeals the district court's decision affirming the Commissioner of Social Security's denial of her applications for disability insurance benefits and supplemental security income under Titles II and XVI of the Social Security Act. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Zavalin v. Colvin, 778 F.3d 842, 845 (9th Cir. 2015), and we affirm.
At step five of the sequential analysis, the administrative law judge ("ALJ") did not err in relying on the testimony of a vocational expert. The ALJ's residual functional capacity finding included a limitation of a sit/stand option. Although the hypothetical question posed by the ALJ did not include this limitation, the vocational expert's testimony shows that she understood that Kauwoh had this limitation and she incorporated this limitation in identifying the jobs that Kauwoh could perform. See Molina v. Astrue, 674 F.3d 1104, 1121 (9th Cir. 2012) (holding that court will uphold ALJ's findings if their logic may reasonably be discerned); cf. Bayliss v. Barnhart, 427 F.3d 1211, 1217-18 (9th Cir. 2005) (holding that in order properly to rely on a vocational expert's testimony, the ALJ must present the expert with a hypothetical question that includes all of the limitations that the ALJ finds credible and supported by substantial evidence in the record).
AFFIRMED.