Christine Ortega v. Kilolo Kijakazi

U.S. Court of Appeals for the Ninth Circuit

Christine Ortega v. Kilolo Kijakazi

Opinion

FILED

NOT FOR PUBLICATION

SEP 9 2021

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT CHRISTINE JANE ORTEGA, No. 19-35028

Plaintiff-Appellant, D.C. No. 3:17-cv-01988-BR v.

MEMORANDUM* KILOLO KIJAKAZI, Acting Commissioner of Social Security,

Defendant-Appellee.

Appeal from the United States District Court

for the District of Oregon

Anna J. Brown, District Judge, Presiding

Submitted September 7, 2021** Before: THOMAS, Chief Judge, and HAWKINS and McKEOWN, Circuit Judges.

Christine Ortega appeals the district court’s judgment affirming the Commissioner of Social Security’s denial of her application for disability insurance benefits and supplemental security income under Titles II and XVI of the

*

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

**

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Social Security Act. We have jurisdiction under 28 U.S.C. § 1291. We review the district court’s judgment de novo. Ford v. Saul, 950 F.3d 1141, 1153-54 (9th Cir. 2020). We affirm.

Ortega’s testimony regarding the amounts of sitting, standing, and walking required in her past relevant work as a delivery driver provided substantial evidence in support of the administrative law judge’s (“ALJ”) finding that the work was sedentary as actually performed. See 20 C.F.R. §§ 404.1567(a), 416.967(a) (defining sedentary work). See also Coleman v. Saul, 979 F.3d 751, 755 (9th Cir. 2020) (defining substantial evidence). Accordingly, substantial evidence supports the ALJ’s finding, at Step Four of the sequential analysis, that Ortega could perform her past relevant work as actually performed, and she therefore was not disabled. See 20 C.F.R. §§ 404.1520(a)(4)(iv), 416.920(a)(4)(iv). See also Ford, 950 F.3d at 1149.

AFFIRMED.

2

Reference

Status
Unpublished