Shaibi v. Berryhill, No. 15-16849 (9th Cir. 2018)
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The Ninth Circuit amended the opinion filed on August 22, 2017, and affirmed the denial of an application for disability insurance benefits.
The panel held that the ALJ's residual functional capacity determination was supported by substantial evidence. The panel held that a Social Security claimant who wishes to challenge the factual basis of a vocational expert's estimate of the number of available jobs in the regional and national economies must raise this challenge before administrative proceedings have concluded in order to preserve the challenge on appeal in federal district court. In this case, claimant forfeited his challenge to the vocational expert's job numbers.
Court Description: Social Security. The panel amended the opinion filed on August 22, 2017, and affirmed the denial of an application for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. § 401 et seq. The panel held that the ALJ’s residual functional capacity determination was supported by substantial evidence and was not inconsistent with the opinions of two physicians regarding claimant’s capability for interaction with colleagues. The panel further held that a Social Security claimant who wishes to challenge the factual basis of a vocational expert’s estimate of the number of available jobs in the regional and national economies must raise this challenge before administrative proceedings have concluded in order to preserve the challenge on appeal in federal district court. Because in this case, the claimant did not challenge the accuracy of the vocational expert’s job numbers during the administrative proceedings, his claim was forfeited.
This opinion or order relates to an opinion or order originally issued on August 22, 2017.
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