Thompson v. Barnhart
Thompson v. Barnhart
Opinion of the Court
MEMORANDUM
Ida Thompson (“Thompson”) appeals from the district court’s affirmance of the Commissioner of the Social Security Administration’s denial of her claim for social security disability insurance benefits.
We review de novo a district court’s judgment affirming the Commissioner’s denial of benefits. Thomas v. Barnhart, 278 F.3d 947, 954 (9th Cir. 2002). The Commissioner’s decision may be set aside only if the findings are not supported by substantial evidence in the record, or are based on legal error. Gillett-Netting v. Barnhart, 371 F.3d 593, 595 (9th Cir. 2004).
Thompson raises three arguments on appeal.
Thompson’s arguments are not persuasive. Contrary to her contention, alternate work does not mean identical work. 20 C.F.R. § 404.1568(d)(3). In determining transferability under § 404.1568, the ALJ considered (1) the degree of skill required, (2) the tools or machines used, and (3) the materials, products, and processes involved, as required by the regulation. Each alternative position required
The similarities between Thompson’s prior work and the alternative positions of receptionist, route-delivery clerk, and general clerk demonstrate that there is substantial evidence to support the ALJ’s decisions. Andrews v. Shalala, 53 F.3d 1035, 1039 (9th Cir. 1995) (“Substantial evidence means more than a mere scintilla but less than a preponderance; it is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.”). In Osenbrock v. Apfel, 240 F.3d 1157, 1163 (9th Cir. 2001), we held that uncontradicted expert testimony constitutes substantial evidence. Here, although Thompson contests the sufficiency of the vocational experts’ testimony, she offered no evidence to contradict the vocational experts.
The district court’s affirmance of the Commissioner’s denial of social security disability insurance benefits is
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Cir. R. 36-3.
. As the parties are familiar with the facts and procedural history of this case, we do not recite these details here.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.