Paul Ramirez v. Michael Astrue

MEMORANDUM **

Ramirez filed an application for disability insurance benefits based on Irritable Bowel Syndrome (“IBS”) and depression, and an Administrative Law Judge (“ALJ”) held that Ramirez was not disabled for purposes of the Social Security Act. The Appeals Council denied review. Ramirez sought review in the United States District Court for the District of Arizona, which affirmed. The district court had jurisdiction pursuant to 42 U.S.C. § 405 (g). This court has jurisdiction pursuant to 28 U.S.C. § 1291 , and we also affirm.

The ALJ determined that Ramirez had the residual functional capacity (“RFC”) to perform a significant range of light work, including working as a cashier or janitor. The ALJ stated that the Vocational Expert testified that there were 5,000 cashier jobs in Arizona and 230,000 nationwide and that there were 1,000 janitor jobs in Arizona and 20,000 nationwide. The Vocational Expert provided these number based on a hypothetical individual of Ramirez’s age, education, and work experience who needed five or fewer bathroom breaks a day.

The ALJ’s conclusions were supported by substantial evidence. The ALJ fulfilled its duties to make a “function-by function”…

dissenting:

The key issue was the number of bathroom breaks Ramirez needed. The ALJ accepted the wife’s estimate; not Ramirez’s. Given the reluctance a husband might have to make a report to his wife on his trips to the toilet, the AL J’s source was dubious. In the absence of other evidence, we are compelled to accept Ramirez’s testimony of 15 trips per day making the VE’s job estimate untenable.

FILED

NOT FOR PUBLICATION APR 05 2010

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S . CO U RT OF AP PE A LS

FOR THE NINTH CIRCUIT

PAUL L. RAMIREZ, No. 08-17591

Plaintiff - Appellant, D.C. No. 2:07-cv-01787

v.

MEMORANDUM *

MICHAEL J. ASTRUE, Commissioner of Social Security,

Defendant - Appellee.

Appeal from the United States District Court for the District of Arizona Susan R. Bolton, District Judge, Presiding

Submitted March 12, 2010** San Francisco, California

Before: HALL, NOONAN, and CALLAHAN, Circuit Judges.

Ramirez filed an application for disability insurance benefits based on

Irritable Bowel Syndrome ('IBS') and depression, and an Administrative Law

Judge ('ALJ') held that Ramirez was not disabled for purposes of the Social

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Security Act. The Appeals Council denied review. Ramirez sought review in…