Daniel R. Williams v. Carolyn W. Colvin

Filing 22

MEMORANDUM OPINION AND ORDER by Magistrate Judge Patrick J. Walsh. The Agencys decision is affirmed. (See document for further details.) (sbou)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10

DANIEL R. WILLIAMS,
Plaintiff,

11
12
13
14

v.
NANCY A. BERRYHILL,
ACTING COMMISSIONER OF THE
SOCIAL SECURITY ADMINISTRATION,
Defendant.

15

)
)
)
)
)
)
)
)
)
)
)
)

Case No. CV 16-1989-PJW
MEMORANDUM OPINION AND ORDER

16
17

I.

18
19

INTRODUCTION
Plaintiff appeals a decision by Defendant Social Security

20

Administration, denying his applications for Disability Insurance

21

Benefits and Supplemental Security Income.

22

time that the Administrative Law Judge erred when she relied on the

23

vocational expert’s testimony that there was a sufficient number of

24

jobs in the economy for Plaintiff to find work because there is a

25

conflict between the vocational expert’s testimony and two

26

publications: The Occupational Outlook Handbook and County Business

27

Patterns.

28

v. Berryhill, ___ F.3d ___, 2017 WL 3598085 (9th Cir. August 22,

Joint Stip. at 5-9.

He claims for the first

This argument is foreclosed by Shaibi

1

2017), in which, just yesterday, the Ninth Circuit held that a

2

claimant who fails to raise this precise issue (including the same two

3

publications) in the administrative hearing waives that issue on

4

appeal.

As such, the Agency’s decision is affirmed.

5

IT IS SO ORDERED.

6

DATED: August 23, 2017.

7
8

PATRICK J. WALSH
UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

S:\PJW\Cases-Social Security\WILLIAMS, D 1989\Memo Opinion.wpd

2