Luna

Luna v. Barnhart

Good Law
56 F. App'x 427
United States Court of Appeals for the Ninth CircuitFebruary 21, 2003No. 01-57079; D.C. No. CV-00-10707-MLGCalifornia352 words

Opinion

Lead Opinion

MEMORANDUM **

Teresa Luna appeals the district court’s affirmance of the Social Security Commissioner’s decision denying her application for Social Security Disability Insurance Benefits and Supplemental Security Income payments.

We have jurisdiction under 28 U.S.C. § 1291 and 42 U.S.C. § 405 (g). We review de novo the district court’s affirmance of the Commissioner’s denial of benefits. Tackett v. Apfel, 180 F.3d 1094, 1097 (9th Cir.1999). We reverse and remand for the payment of benefits.

The vocational expert testified that Luna’s physical limitations prohibited her from performing all occupations except bakery worker conveyor line and surveillance system monitor. The Dictionary of Occupational Titles classifies the bakery worker position as light work and the surveillance system monitor as sedentary work. The DOT’s classifications constitute rebuttable presumptions that were rebutted in this case by the testimony of the vocational expert. The vocational expert’s substantive testimony revealed the bakery worker occupation exhibits none of the criteria for light work. Rote reliance on the Dictionary of Occupational Titles, even by the vocational expert herself, is…

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