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Lara v. Astrue

United States Court of Appeals, Ninth Circuit
Nov 19, 2008
305 F. App'x 324 (9th Cir. 2008)

Summary

holding that limitation to "simple, repetitive tasks" does not conflict with "Reasoning Level 1 and 2 jobs"

Summary of this case from Ybarra v. Saul

Opinion

No. 07-55903.

Submitted November 17, 2008.

The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed November 19, 2008.

Lawrence D. Rohlfing, Esquire, Law Offices of Lawrence Rohlfing, Santa Fe Springs, CA, for Plaintiff-Appellant.

Sarah Lynn Ryan, Esquire, Assistant Regional Counsel, Social Security Administration Office of the General Counsel, San Francisco, CA, for for Defendant-Appellee.

Appeal from the United States District Court for the Central District of California, Andrew J. Wistrich, Magistrate Judge, Presiding. D.C. No. CV-06-00066-AJW.

Before: RYMER and M. SMITH, Circuit Judges, and KORMAN, District Judge.

The Honorable Edward R. Korman, Senior United States District Judge for the Eastern District of New York, sitting by designation.


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Daniel R. Lara appeals the district court's judgment affirming the decision of the Commissioner of the Social Security Administration that he was not disabled within the meaning of the Social Security Act and thus not entitled to disability benefits. We affirm.

I

There was substantial evidence to justify the administrate law judge's (ALJ) failure to present two moderate limitations found by one reviewing physician to the vocational expert (VE), including the report of another doctor finding no such limitations, inconsistent testimony offered by Lara at the hearing, and the lack of evidence of any significant steps taken to treat his alleged depression. It was not error for the ALJ to rely on one physician's opinion rather than the other's. See generally Stubbs-Danielson v. Astrue, 539 F.3d 1169, 1174 (9th Cir. 2008); Osenbrock v. Apfel, 240 F.3d 1157, 1165 (9th Cir. 2001).

Likewise, Lara's argument that the ALJ's finding of a severe impairment at step two of the disability determination process necessarily requires inclusion of that impairment in the hypothetical question posed to the VE at step five fails. A step-two determination is not dispositive at step five. See Hoopai v. Astrue, 499 F.3d 1071, 1076 (9th Cir. 2007). Because substantial evidence supported the ultimate hypothetical question posed to the VE, there was no error in omitting Lara's depressive condition.

II

There was no conflict between the occupations the VE suggested Lara remains able to perform and the Dictionary of Occupational Titles' description of the requirements for each type of job. Reasoning Level 1 jobs are elementary, exemplified by such tasks as counting cows coming off a truck, and someone able to perform simple, repetitive tasks is capable of doing work requiring more rigor and sophistication — in other words, Reasoning Level 2 jobs.

While the job categories the VE suggested Lara remains able to perform arguably included some jobs he is unable to perform, the categories also included Reasoning Level 1 and 2 jobs that he can perform. To the extent the VE was overly broad and included jobs that Lara could both perform and not perform, any error is harmless so long as the jobs that could be done are enough to support the ALJ's decision. The Reasoning Level 1 and 2 jobs constitute substantial evidence of significant jobs available in the economy, meeting the step-five threshold.

AFFIRMED.


Summaries of

Lara v. Astrue

United States Court of Appeals, Ninth Circuit
Nov 19, 2008
305 F. App'x 324 (9th Cir. 2008)

holding that limitation to "simple, repetitive tasks" does not conflict with "Reasoning Level 1 and 2 jobs"

Summary of this case from Ybarra v. Saul

holding that someone able to perform simple, repetitive tasks is capable of doing work requiring more rigor and sophistication—in other words, Reasoning Level 2 jobs

Summary of this case from Gutierrez v. Colvin

holding that limitation to "simple, repetitive tasks" does not conflict with "Reasoning Level 1 and 2 jobs"

Summary of this case from Conrad v. Berryhill

holding that plaintiff who was able to perform simple repetitive tasks was capable of doing work at reasoning level two

Summary of this case from DeSantis v. Comm'r of Soc. Sec.

holding that "someone able to perform simple, repetitive tasks is capable of doing work requiring more rigor and sophistication-in other words, Reasoning Level 2 jobs"

Summary of this case from Dschaak v. Colvin

holding that plaintiff who was able to perform simple repetitive tasks was capable of doing work at reasoning level two

Summary of this case from Gray v. Colvin

finding that "someone able to perform simple repetitive tasks is capable of doing work requiring more rigor and sophistication—in other words, Reasoning Level 2 jobs."

Summary of this case from Cortez v. Comm'r Soc. Sec. Admin.

finding that "someone able to perform simple, repetitive tasks is capable of doing work requiring more rigor and sophistication—in other words, Reasoning Level 2 jobs"

Summary of this case from Barnes v. Colvin

finding that "someone able to perform simple, repetitive tasks is capable of doing work requiring more rigor and sophistication—in other words, Reasoning Level 2 jobs"

Summary of this case from Fordham v. Colvin

finding that "someone able to perform simple, repetitive tasks is capable of doing work requiring more rigor and sophistication—in other words, Reasoning Level 2 jobs"

Summary of this case from Trujillo v. Colvin

finding that "someone able to perform simple, repetitive tasks is capable of doing work requiring more rigor and sophistication [than present in Reasoning Level 1 jobs] —in other words, Reasoning Level 2 jobs"

Summary of this case from Hargrow v. Colvin

finding that reasoning levels one and two are commensurate with a limitation to simple, repetitive tasks

Summary of this case from Johnson v. Astrue

finding that reasoning levels one and two are commensurate with a limitation to simple, repetitive tasks

Summary of this case from Wright v. Astrue

suggesting that jobs requiring more than level 1 or 2 reasoning skills, as defined by the DOT, are arguably inconsistent with limitations for simple, repetitive work

Summary of this case from Castro v. Colvin
Case details for

Lara v. Astrue

Case Details

Full title:Daniel A. LARA, Plaintiff-Appellant, v. Michael J. ASTRUE, Commissioner of…

Court:United States Court of Appeals, Ninth Circuit

Date published: Nov 19, 2008

Citations

305 F. App'x 324 (9th Cir. 2008)

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