Carlos Gutierrez v. Commissioner of Social Securit

740 F.3d 519, 2014 WL 241873, 2014 U.S. App. LEXIS 1246
CourtCourt of Appeals for the Ninth Circuit
DecidedJanuary 23, 2014
Docket12-15472
StatusPublished
Cited by679 cases

This text of 740 F.3d 519 (Carlos Gutierrez v. Commissioner of Social Securit) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Carlos Gutierrez v. Commissioner of Social Securit, 740 F.3d 519, 2014 WL 241873, 2014 U.S. App. LEXIS 1246 (9th Cir. 2014).

Opinion

OPINION

TROTT, Circuit Judge:

OVERVIEW

Carlos Gutierrez filed claims for supplemental security income (“SSI”). The Commissioner denied the claims by initial determination, and Gutierrez requested a de novo hearing by an Administrative Law *521 Judge (“ALJ”). The ALJ conducted the five-step sequential evaluation process described in 20 C.F.R. § 416.920 and concluded at the fifth step that Gutierrez did not suffer from a disability because he could perform a significant number of jobs in the national economy. The ALJ found that despite Gutierrez’s residual functional capacity, age, education, and work experience, he could make the vocational adjustment to other work as an assembler (1,500 jobs in the State of California and 15,000 jobs in the nation) or as an almond blanch-er (1,000 jobs in the State of California and 10,000 jobs in the nation). The district court denied his appeal from the Commissioner’s final decision.

Gutierrez raises one issue on appeal: whether the ALJ failed to make an adequate showing that a significant number of jobs existed in the region in which Gutierrez lived or in several regions of the country. This issue in turn requires us to grapple with the meaning in the controlling statute of the term “region,” which the Commissioner has not yet formally defined.

We have jurisdiction over this timely appeal pursuant to 42 U.S.C. § 405(g) and 28 U.S.C. § 1291, and we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Carlos Gutierrez (“Gutierrez”), who lives in Bakersfield, California, filed claims in 2005 and 2006 for SSI under Title XVI of the Social Security Act, asserting that he had been disabled since September 1, 2000, due to his various recognized medical and mental conditions.

The Social Security Commissioner denied Gutierrez’s claims, concluding that although Gutierrez may not have been able to perform his past work, based on his age, education, and past work experience, he could still do other physically less demanding work. Thus, Gutierrez’s condition was not severe enough to prohibit him from working.

On April 5, 2007, Gutierrez requested reconsideration of the Commissioner’s decision, which was denied.

Gutierrez requested a de novo hearing before an ALJ on August 15, 2007. The ALJ used the familiar five-step sequential evaluation process outlined in 20 C.F.R. § 416.920 to determine whether Gutierrez suffered from a “disability” under the Social Security Act. Gutierrez passed the initial four steps, but his claim foundered on step five.

After considering Gutierrez’s age, education, work experience, and residual functional capacity, the ALJ concluded that jobs existed in significant numbers in the national economy which Gutierrez could perform. Relying on the vocational expert’s (“VE”) testimony at the hearing on November 5, 2009, the ALJ found that Gutierrez could work as an assembler, as there were 1,500 jobs available in California and 15,000 such jobs available nationally. The ALJ also found that Gutierrez could work as an almond blancher, because there were 1,000 jobs available in California and 10,000 such jobs available nationally. Thus, because Gutierrez could perform 2,500 jobs in California and 25,000 jobs in the nation, the ALJ concluded that Gutierrez did not suffer from a disability under the Social Security Act.

The Appeals Council denied Gutierrez’s request for review. Thus, the ALJ’s decision became the final decision of the Commissioner of Social Security.

Gutierrez brought a civil action in the Eastern District of California. The district court determined that the ALJ’s decision was supported by substantial evidence and was based on proper legal standards. Gutierrez v. Astrue, No. 1:11-cv-0105 *522 DLB, 2012 WL 259141, at *6 (E.D.Cal. Jan. 26, 2012).

First, the court addressed Gutierrez’s primary argument that the ALJ had erred at step five by failing to demonstrate that Gutierrez could perform “substantial gainful work which exist[ed] in the national economy.” Gutierrez asserted that even though 42 U.S.C. § 1382c(a)(3)(B) defined “work which exists in the national economy” as “work which exists in significant numbers either in the region where such individual lives or in several regions of the country,” the ALJ erred by considering the State of California to be a “region” for purposes of § 1382c(a)(3)(B).

In rejecting Gutierrez’s argument, the court relied on De La Cruz v. Astrue, No. 1:08-cv-0782-DLB, 2009 WL 1530157, at *10-11 (E.D.Cal. May 28, 2009), where the same court had previously rejected similar arguments. Gutierrez, 2012 WL 259141, at *4-5. In De La Cruz, the court held that 2,756 jobs in California was sufficient for purposes of § 1382c(a)(3)(B). 2009 WL 1530157, at * 10-11. The court in De La Cruz looked to Barrett v. Barnhart, 368 F.3d 691, 692 (7th Cir.2004) (per curiam), in which the Seventh Circuit had acknowledged that “vocational experts who testify ... concerning availability of jobs that the applicant has the physical ability to perform almost always confine their testimony to indicating the number of such jobs that exist in the applicant’s state, or an even smaller area.” Id. at *10 (quoting Barrett, 368 F.3d at 692). After recounting the reasoning in De La Cruz, the district court held that 2,500 positions across California constituted work that existed in significant numbers in the region where Gutierrez lived.

Second, the court addressed Gutierrez’s contention that the court should adopt the geographical delineations provided by the Metropolitan and Micropolitan Statistical Areas to define “region.” According to the Office of Management and Budget, a Metropolitan and Micropolitan Statistical Areas is “an area containing a recognized population nucleus and adjacent communities that have a high degree of integration with that nucleus.” Standards for Defining Metropolitan and Micropolitan Statistical Areas, 65 Fed.Reg. 82228-01 (Dec. 27, 2000).

In rejecting this argument, the court held that the Social Security Act and the Social Security Commissioner’s Regulations adequately defined “region.” The court explained that 20 C.F.R. § 416.966(a)(1) specifies that “it does not matter whether work exists in the immediate area” where a claimant lives, but that 20 C.F.R. § 416

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740 F.3d 519, 2014 WL 241873, 2014 U.S. App. LEXIS 1246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carlos-gutierrez-v-commissioner-of-social-securit-ca9-2014.