Vicki Klaasen v. Andrew Saul ( 2021 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 12 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
VICKI KLAASEN, No. 18-16152
Plaintiff-Appellant, D.C. No. 1:17-cv-00315-HG
v.
MEMORANDUM*
ANDREW M. SAUL, Commissioner of
Social Security,
Defendant-Appellee.
Appeal from the United States District Court
for the District of Hawaii
Helen Gillmor, District Judge, Presiding
Submitted April 12, 2021**
San Francisco, California
Before: D. NELSON, CLIFTON, and BUMATAY, Circuit Judges.
Vicki Klaasen appeals the district court’s affirmance of the Commissioner of
Social Security’s 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*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
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 ALJ’s 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 Klaasen’s advanced age category, asked the VE whether Klaasen
possessed transferable skills that would allow “direct entry” into work within
Klaasen’s RFC, and made specific findings in his written decision when
considering “whether a successful adjustment to other work can be made.” See
Bray v. Comm’r 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 Klaasen’s 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
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identified.
AFFIRMED.
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