ANGELICA EVANS V. CAROLYN COLVIN, No. 14-56480 (9th Cir. 2017)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS JAN 10 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ANGELICA EVANS, No. 14-56480 Plaintiff - Appellant, D.C. No. 5:13-cv-01500-RZ v. MEMORANDUM* CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant - Appellee. Appeal from the United States District Court for the Central District of California Ralph Zarefsky, Magistrate Judge, Presiding Submitted June 9, 2016** Pasadena, California Before: RAWLINSON, and BEA, Circuit Judges, and EATON,*** Judge. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** Richard K. Eaton, Judge for the United States Court of International Trade, sitting by designation. Angelica Evans appeals the district court’s decision affirming the Commissioner of Social Security’s denial of her application for disability insurance under Title II of the Social Security Act. We affirm. Evans challenges whether the number of jobs available in the regional economy which the administrative law judge (“ALJ”) found Evans could perform at step five of the sequential disability determination constituted a “significant number.” The ALJ’s determination that 600 regional jobs constituted a significant number is supported by caselaw within this and other circuits. For instance, Barker v. Secretary of Health and Human Services, 882 F.2d 1474, 1478-79 (9th Cir. 1989), cited with approval cases that held 600 regional jobs or fewer constituted a significant number. Specifically, Barker cited with approval Jenkins v. Bowen, 861 F.2d 1083, 1087 (8th Cir. 1988) (500 regional jobs constituted a significant number), Salazar v. Califano, Unemp.Ins.Rep. (CCH, para. 15,835) (E.D. Cal. 1978) (unpublished) (600 jobs constituted a significant number), and Uravitch v. Heckler, No. CIV 84-1619, 1986 WL 83443, at *1 (D. Ariz. May 2, 1986) (unpublished) (“even though 60-70% of 500-600 relevant positions required experience plaintiff did not have, remaining positions constitute significant 2 number”1). Moreover, Gutierrez v. Commissioner of Social Security, 740 F.3d 519, 528 (9th Cir. 2014), cited with approval Johnson v. Chater, 108 F.3d 178, 180-81 (8th Cir. 1997) (200 jobs in Iowa represented a significant number), Trimiar v. Sullivan, 966 F.2d 1326, 1330-32 (10th Cir. 1992) (650 to 900 jobs in Oklahoma constituted a significant number), and Allen v. Bowen, 816 F.2d 600, 602 (11th Cir. 1987) (1,600 jobs in Georgia constituted a significant number). Here, the ALJ’s determination that 600 regional jobs constituted a significant number is consistent with these cases. AFFIRMED. 1 This quotation is taken from Barker. 882 F.2d at 1479. Barker cites Uravitch incorrectly. Uravitch holds that even though 60-75% of 500-600 relevant positions required experience plaintiff did not have, the remaining positions constituted a significant number. Uravitch, 1986 WL 83443 at *1. This does not impact the analysis here. 3
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