Gleave
Gleave v. Barnhart
Opinion
Lead Opinion
*144 MEMORANDUM *
Ronda Gleave appeals the district court’s judgment affirming the denial of disability insurance benefits and supplemental security income benefits. We affirm.
1. The administrative law judge (ALJ) permissibly found that Gleave can perform work in the economy as a telemarketer, even though she lacked transferable skills.
The Dictionary of Occupational Titles (DOT) classifies that position as “semiskilled.” The Vocational Expert (VE) who testified characterized the position as “a level of semi-skilled employment, but which ... does not in its existence require skill level.” In answer to a clarifying question whether a telemarketing position was “unskilled,” the VE responded that, in many years of research and placing individuals, she had never encountered an instance in which previous work experience makes any difference whatsoever or is required. ‘Without exception,” she said, people should be able to step into that job without any previous experience or skills obtained from other jobs.
An ALJ may rely on expert testimony that contradicts the DOT. Johnson v. Shalala, 60 F.3d 1428, 1435 (9th Cir. 1995). 1 The ALJ permissibly did so in this instance.
2. The ALJ…