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70 F.3d 529

Docket No. 94-35020.

Atkins v. Chater

Ninth Circuit Court of Appeals

Submitted July 14, 1995.**

Filed Aug. 9, 1995.

Amended Order Filed Oct. 23, 1995.

Redesignated for Publication by Order Filed Nov. 22, 1995.

Ninth Circuit Court of Appeals · decided 1995-08-09

Cited by 3 later decisions — most recently August 1998

3 federal appellate ·

2 counsel of record

Relies on Embrey v. Bowen · Johnson v. Shalala · 837 F. Supp. 318 - Atkins v. Shalala

Good law ✅— No negative treatment on recordhow we know

Decided 1995-08-09

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¶1*530Ralph Wilborn, Ralph Wilborn & Etta L. Wilborn, P.C., Eugene, Oregon, for plaintiff-appellant.

¶2Richard H. Wetmore, Assistant Regional Counsel, Social Security Administration, Office of General Counsel, Seattle, Washington, for defendant-appellee.

¶3Before: HUG and FERGUSON, Circuit Judges, and SCHWARZER,… District Judge.

¶7We affirm the judgment entered by the district court essentially for reasons expressed in the district court’s well-written opinion, Atkins v. Shalala, 837 F.Supp. 318 (D.Or.1993). That opinion was rendered prior to our opinion in Johnson v. Shalala, 60 F.3d 1428 (9th Cir.1995). In Johnson, we held that the Dictionary of Occupational Titles, of the U.S. Department of Labor (“DOT”) provides classifications that are re-buttable by vocational experts. Id. at 1435-36. To the extent the district court’s opinion in this case indicates otherwise, see 837 F.Supp. at 324, that discussion is superceded by Johnson’s holding that the DOT classifications are rebuttable.

¶8The district court was correct in concluding that the findings of the administrative law judge (“ALJ”) were erroneous because the hypothetical question addressed to the vocational expert did not contain all the physical impairments suffered by the claimant. Embrey v. Bowen, 849 F.2d 418, 422-23 (9th Cir.1988).

¶9On remand, the ALJ’s findings should take into account the rebuttable presumption of the DOT classifications and all of the impairments of the claimant.

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