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United States Ninth Circuit


Hoopai v. Astrue, 05-16128

A denial of an application for disability insurance benefits under the Social Security Act based on back pain and depression is affirmed where: 1) the district court correctly concluded that there was substantial evidence that claimant did not suffer from a sufficiently severe non-exertional limitation that would require the assistance of a vocational expert in the ALJ's step-five determination; 2) claimant was not entitled to question the ALJ on the available alternative jobs; and 3) the ALJ made specific findings of functional limitations as required by the social security regulations.

Appellate Information

  • Argued 04/19/2007
  • Decided 08/27/2007
  • Published 08/27/2007

Judges

  • D.W. NELSON, Senior Circuit Judge:, Before:  D.W. NELSON and CONSUELO M. CALLAHAN, Circuit Judges, and CORMAC J. CARNEY, District Judge.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Harvey P. Sackett of San Jose, CA, briefed and argued for the appellants.

  • For Appellees:
  • Sarah Ryan, Asst. Regional Counsel, Social Security Admin., San Franciso, CA, briefed and argued, Peter D. Keisler of San Francisco, CA, for the appellee.
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