Yip

Yip v. Barnhart

Good Law
123 F. App'x 824
United States Court of Appeals for the Ninth CircuitMarch 22, 2005No. 03-16837California308 words

Opinion

Lead Opinion

MEMORANDUM **

Yip appeals a district court order upholding the Commissioner’s denial of her application for Supplemental Security Income (SSI) benefits. She contends on appeal that the Commissioner erred in relying only upon the Social Security Administration’s Medical-Vocational Guidelines (“Guidelines”) to determine that a significant number of jobs exist in the national economy which she is capable of performing. We affirm the district court.

The district court held that the Administrative Law Judge (“ALJ”) properly relied on the Guidelines and Social Security Ruling 85-15, “Capability To Do Other Work — The Medical-Vocational Rules as a Framework for Evaluating Solely Nonexertional Impairments,” to deny Yip benefits. SSR 85-15 provides that where a claimant’s only impairment is mental and she cannot meet the mental demands of her past work, the ALJ should first consider her occupational base in light of her mental impairment, age, education, and previous work experience. Id. If the claimant has, as Yip does, a broad occupational base, the ALJ should then consider whether she can “understand, carry out, and remember simple instructions, ... respond appropriately to…

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