Beltran

Opinion by Judge PREGERSON; Dissent by Judge IKUTA.

OPINION

Jennie Beltran appeals the district court’s grant of summary judgment to the Commissioner of Social Security in its review of the Commissioner’s denial of benefits. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse.

BACKGROUND

Jennie Beltran is a fifty-six-year-old woman suffering from degenerative joint disease of the left knee and wrist, bilateral carpal tunnel syndrome, obesity, heel spurs, degenerative disc disease of the lumbar spine, status post-surgical correction of a fractured right distal tibia, depression, and alcohol abuse. She filed applications for both Social Security Disability Insurance (“SSDI”) benefits and Social Security Income (“SSI”) benefits under Titles II and XVI of the Social Security Act on March 29, 2002, and again on November 20, 2002. In her applications, Beltran alleged a disability onset date of June 30, 2000. The Commissioner denied the request initially and upon *1205 reconsideration. Beltran appealed to an administrative law judge (“ALJ”) who affirmed the denial of her claim, holding that Beltran did not suffer from a disability as defined under the Social Security…

dissenting:

Today, the majority usurps the ALJ’s role as factfinder and decides that its own notion of “unconscionability” trumps the Social Security Act, the regulations, and Ninth Circuit precedent. Never mind that Congress placed the responsibility on the ALJ to review the record and figure out “the most [Beltran] can still do despite [her] limitations,” 20 C.F.R. § 404.1545 (a)(1); see also § 404.1546(c), and that Congress instructed the ALJ to disregard whether Beltran would actually be hired if she applied for the jobs she is capable of performing, see 42 U.S.C. § 423 (d)(2)(A); 20 C.F.R. § 404.1566 (a), (c); see also Martinez v. Heckler; 807 F.2d 771, 774-75 (9th Cir.1987). The majority runs roughshod over these congressional commands, not to mention the requirement that this court defer to the ALJ’s determination if supported by substantial evidence, which the Supreme Court has defined as “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Richardson v. Perales, 402 U.S. 389, 401 , 91 S.Ct. 1420 , 28 L.Ed.2d 842 (1971) (quoting Consol. Edison Co. v. NLRB, 305 U.S. 197, 229 , 59 S.Ct. 206 , 83 L.Ed. 126 (1938) (internal quotation…

Lawrence David Rohlfing, Law Offices of Lawrence D. Rohlfing, Santa Fe Springs, CA, for the plaintiff-appellant.

Jean Marie Turk, Social Security Administration, San Francisco, CA, for the defendant-appellee.

Before: HARRY PREGERSON, D.W. NELSON, and SANDRA S. IKUTA, Circuit Judges.

Opinion by Judge PREGERSON; Dissent by Judge IKUTA.

PREGERSON, Circuit Judge:

Jennie Beltran appeals the district court's grant of summary judgment to the Commissioner of Social Security in its review of the Commissioner's denial of benefits. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse.

Jennie Beltran is a fifty-six-year-old woman suffering from degenerative joint disease of the left knee and wrist, bilateral carpal tunnel syndrome, obesity, heel spurs, degenerative disc disease of the lumbar spine, status post-surgical correction of a fractured right distal tibia, depression, and alcohol abuse. She filed applications for both Social Security Disability Insurance ("SSDI") benefits and Social Security Income ("SSI") benefits under Titles II and XVI of the Social Security Act on March 29, 2002, and again on November 20, 2002. In her applications, Beltran alleged a disability…