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10-3736 Weatherbee v. Astrue

By: WISCONSIN LAW JOURNAL STAFF//August 10, 2011//

10-3736 Weatherbee v. Astrue

By: WISCONSIN LAW JOURNAL STAFF//August 10, 2011//

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Public Health
Disability benefits

The ALJ did not err by relying on the Vocational Expert’s opinion regarding the number of available jobs that a disability claimant could perform.

“We recently stated that, in the context of step five of our disability benefits analysis, ‘it appears well-established that 1,000 jobs’ constitutes a significant number. Liskowitz, 559 F.3d at 743. The VE stated that an individual with Weatherbee’s limitations could work in some clerk, production and inspector jobs and that there were approximately 3,900 of these positions available in Indiana and over 140,000 of these positions available nationally—numbers well above the threshold for significance. As stated above, Weatherbee has failed to establish that there were apparent conflicts between the VE’s testimony concerning clerk and production jobs and the DOT. Further, Weatherbee has not challenged the VE’s claims that he could work in inspector positions or that there were 493 inspectors jobs in Indiana. Hence, the ALJ did not err when he accepted the VE’s estimates and found that Weatherbee is capable of working in positions that are available in significant numbers.”

Affirmed.

10-3736 Weatherbee v. Astrue

Appeal from the United States District Court for the Southern District of Indiana, Pratt, J., Cudahy, J.

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