Beltran

dissenting:

By usurping the ALJ’s role as factfinder, the majority makes two critical mistakes. First, it improperly rejects the ALJ’s conclusion that Beltran’s physical limitations wouldn’t prevent her from working. The majority forgets that Congress gave the ALJ, not the courts, the responsibility of determining “the most [Beltran] can still do despite [her] limitations,” 20 C.F.R. § 404.1545 (a)(1); see also § 404.1546(c). Second, the majority improperly rejects the ALJ’s conclusion that a significant number of suitable jobs exist in the regional and national economy, a conclusion supported by substantial evidence. The majority replaces the substantial evidence standard with its own rule: the ALJ’s conclusion cannot stand because the majority thinks it is “unconscionable.” Maj. op. at 390. I cannot agree with either of these improper decisions.

The ALJ here quite reasonably determined that during the time period at issue, Beltran was capable of performing a limited range of unskilled, sedentary work. The ALJ correctly relied on the vocational expert’s testimony regarding the number of jobs that Beltran was capable of performing despite her limitations. See Bayliss v.…

Opinion by Judge PREGERSON; Dissent by Judge IKUTA.

ORDER

A majority of the panel has voted to deny the petition for panel rehearing and to not entertain future petitions for rehearing. The opinion and dissent filed on May 2, 2012 are hereby amended and attached hereto. With these amendments, the petition for panel rehearing is DENIED and future petitions for rehearing will not be entertained.

IT IS SO ORDERED.

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, bilater *388 al 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…