Hunter v. Astrue

Summary

The Ninth Circuit affirmed the denial of Kenneth W. Hunter’s Social Security disability benefits. The court held that the ALJ gave specific and legitimate reasons for discounting a treating physician’s opinion and properly relied on vocational-expert testimony that Hunter could perform security-guard work. The court also held that Hunter’s incarceration history was not relevant to whether he was medically disabled under the Social Security Act.

Holdings

1. The ALJ did not commit reversible error in rejecting Dr. Oba's opinion because the ALJ provided specific and legitimate reasons supported by the record for finding another medical opinion more persuasive.
2. The ALJ properly relied on vocational-expert testimony that Hunter could perform security-guard work and that such work existed in significant numbers in the national economy.
3. The ALJ properly refused to consider whether Hunter would actually obtain security-guard employment because of his incarceration history; disability is determined by whether the claimant can perform substantial gainful work existing in the national economy, not by whether an employer would hire him.

Questions Presented

1. Whether the ALJ gave legally sufficient reasons for rejecting the treating physician's opinion.
2. Whether substantial evidence supported the ALJ's finding that Hunter could perform work as a security guard despite a conflict with the Dictionary of Occupational Titles.
3. Whether the ALJ was required to consider Hunter's incarceration history and resulting difficulty obtaining employment in determining disability.

Disposition

affirmed