Barnhart

MEMORANDUM **

Appellant Byron Lee (“Lee”) appeals the district court’s grant of summary judgment for the Commissioner of Social Security. Lee contends the Administrative Law Judge (“ALJ”) improperly applied Social Security Rule 83-12 and erroneously relied upon the testimony of the vocational expert (“VE”).

We review the district court’s grant of summary judgment de novo. See Moore v. Apfel, 216 F.3d 864, 867 (9th Cir.2000). The ALJ’s decision must be affirmed if it is supported by substantial evidence and the ALJ applied the correct legal standards. Id. Substantial evidence is more than a scintilla, but less than a preponderance. See Jamerson v. Chater, 112 F.3d 1064, 1066 (9th Cir.1997). “Where evidence is susceptible of more than one rational interpretation, it is the ALJ’s conclusion which must be upheld.” Gallant v. Heckler, 753 F.2d 1450, 1453 (9th Cir.1984).

Lee first argues that based on his impairments the “occupational base” for light work was so eroded that he should have been classified as limited to sedentary work. See SSR 83-12 (“[I]f the exertional capacity is significantly reduced in terms of the regulatory definition, it could indicate little more than the…