Hoopai

I. FACTUAL AND PROCEDURAL BACKGROUND

Hoopai is a 50-year-old man with an eleventh grade educa- tion and work history as a construction laborer, heavy equip- ment operator, and truck driver. He asserts that back pain and mental impairments from an on-the-job injury have caused him to be permanently and completely disabled. The Admin- istrative Law Judge (“ALJ”) followed the five-stage proce- dure for evaluating disability claims set forth in 20 C.F.R. § 404.1520. The ALJ held that Hoopai established a prima facie case of disability, that he was not able to perform any HOOPAI v. ASTRUE 10627 of his past relevant “heavy” work, and that he was limited to “light work.” However, the ALJ found under step five that there was a significant number of jobs that Hoopai could per- form that were consistent with his age, education, work expe- rience and residual capacity to do light work. The ALJ concluded that Hoopai’s condition was not a “disability,” as defined in the Social Security Act.

The Social Security Appeals Council denied Hoopai’s request to review the ALJ’s decision. Hoopai appealed to the district court, in which he argued: (1) the ALJ erred in step five of…