By: WISCONSIN LAW JOURNAL STAFF//April 1, 2024//
7th Circuit Court of Appeals
Case Name: Kelly Chavez v. Martin J. O’Malley
Case No.: 23-1196
Officials: Hamilton, Brennan, and St. Eve, Circuit Judges.
Focus: Denial of Supplemental Security Income
Chavez contested the denial of supplemental security income due to her various mental and physical impairments. The Administrative Law Judge (ALJ), during a hearing, determined that Chavez possessed the capability to undertake jobs that were prevalent in significant numbers within the economy. This ruling was upheld by the district court, prompting Chavez’s appeal. She argued that the testimony of the vocational expert, upon which the ALJ relied, lacked substantial evidence to support the decision.
The vocational expert, Sarah Holmes, testified that an individual with Chavez’s characteristics—age, background, and abilities—could engage in various light exertion occupations, such as cleaner, office helper, and storage rental clerk. Holmes utilized the Job Browser Pro software, which draws data from the Bureau of Labor Statistics, to estimate the availability of such jobs.
Chavez’s primary contention centered on Holmes’s failure to elucidate the underlying formula of Job Browser Pro, thereby casting doubt on the reliability of her testimony. Nonetheless, the court concluded that Holmes’s testimony indeed furnished substantial evidence supporting the ALJ’s determination. It emphasized that Holmes relied on a widely accepted source of job statistics, provided a clear explanation of the source’s methodology, offered willingness to furnish further details regarding the underlying formula, and identified occupations commonly present in the national economy.
Affirmed.
Decided 03/22/24