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KLAASEN v. SAUL (2021)

United States Court of Appeals, Ninth Circuit.2021-04-12No. No. 18-16152

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Opinion

MEMORANDUM **

Vicki Klaasen appeals the district courts affirmance of the Commissioner of Social Securitys denial of her application for disability insurance benefits under Title II of the Social Security Act. We have jurisdiction under 28 U.S.C. § 1291 and 42 U.S.C. § 405(g). We review de novo, Attmore v. Colvin, 827 F.3d 872, 875 (9th Cir. 2016), and we affirm.

The ALJ did not err at step five by failing to determine whether Klaasen would require little, if any, vocational adjustment to perform the job of material lister. The ALJs questions to the vocational expert made it clear that the ALJ was inquiring about transferable skills that would require little, if any vocational adjustment to the positions identified. The ALJ applied the proper standard in accordance with Klaasens advanced age category, asked the VE whether Klaasen possessed transferable skills that would allow “direct entry” into work within Klaasens RFC, and made specific findings in his written decision when considering “whether a successful adjustment to other work can be made.” See Bray v. Commr of Soc. Sec. Admin., 554 F.3d 1219, 1223-24 (9th Cir. 2009). The ALJ specifically found that Klaasen had the transferable skills of “supervising, reviewing blueprints, scheduling, and familiarity with parts and materials,” and that an individual of Klaasens age, education, past relevant work, and RFC could, with these skills, perform the job of material lister. This was a clear finding that no vocational adjustment was necessary for Klaasen to perform work the VE had identified.

AFFIRMED.