Devries

Devries v. Barnhart

Good Law
138 F. App'x 34
United States Court of Appeals for the Ninth CircuitJune 16, 2005No. 03-35881; D.C. No. CV-02-00093-SEH/CSOCalifornia404 words

Opinion

Lead Opinion

MEMORANDUM ***

Claimant James L. DeVries appeals the decision of the district court affirming the *36 Commissioner of Social Security’s denial of his application for disability insurance and supplemental security income benefits. We affirm.

1. Substantial evidence supports the finding that Claimant acquired transferable skills from his ownership and operation of a neighborhood tavern for 23 years. Claimant’s own testimony demonstrated that his duties included bartending, stocking coolers, cleaning, ordering beverages, counting out the tills, making bank deposits, writing checks, and taking care of payroll, including tax withholding, for up to five employees. Also, Claimant graduated from high school and attended one year of college. Accordingly, Rule 201.07 properly applied. See 20 C.F.R. Pt. 404, Subpt. P, App. 2, Rule 201.07 (a claimant who is over 55, is at least a high school graduate, can perform a full range of sedentary work, and has transferable skills is not disabled).

2. Substantial evidence also supports the finding that there is a sufficient number of jobs existing in the national and local economy that Claimant could perform. Even discounting the jobs identified by…

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