Filed: Mar. 06, 2020
Latest Update: Mar. 06, 2020
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 6 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT GIGI TOKIN, No. 19-35196 Plaintiff-Appellant, D.C. No. 2:17-cv-01796-RSM v. MEMORANDUM* ANDREW M. SAUL, Commissioner of Social Security, Defendant-Appellee. Appeal from the United States District Court for the Western District of Washington Ricardo S. Martinez, Chief District Judge, Presiding Submitted March 4, 2020** Seattle, Washington Before: IKUTA, R. NELSON,
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 6 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT GIGI TOKIN, No. 19-35196 Plaintiff-Appellant, D.C. No. 2:17-cv-01796-RSM v. MEMORANDUM* ANDREW M. SAUL, Commissioner of Social Security, Defendant-Appellee. Appeal from the United States District Court for the Western District of Washington Ricardo S. Martinez, Chief District Judge, Presiding Submitted March 4, 2020** Seattle, Washington Before: IKUTA, R. NELSON, a..
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NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 6 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
GIGI TOKIN, No. 19-35196
Plaintiff-Appellant, D.C. No. 2:17-cv-01796-RSM
v.
MEMORANDUM*
ANDREW M. SAUL, Commissioner of
Social Security,
Defendant-Appellee.
Appeal from the United States District Court
for the Western District of Washington
Ricardo S. Martinez, Chief District Judge, Presiding
Submitted March 4, 2020**
Seattle, Washington
Before: IKUTA, R. NELSON, and HUNSAKER, Circuit Judges.
Gigi Tokin appeals the determination of an administrative law judge
(“ALJ”)—which was affirmed by a federal district court–—that she is not entitled
to social security benefits because she is not disabled. We have jurisdiction under
*
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).
28 U.S.C. § 1291. We affirm the district court.
Ms. Tokin’s sole challenge on appeal is that the ALJ should have addressed
two vocational rehabilitation assessments discussing, among other things, Ms.
Tokin’s inability to concentrate and follow instructions while working. But any
error by the ALJ in not addressing these assessments was harmless. Molina v.
Astrue,
674 F.3d 1104, 1115 (9th Cir. 2012). Indeed, the ALJ gave little weight to
a very similar vocational rehabilitation assessment in part because it was
inconsistent with the medical evidence and Ms. Tokin’s daily activities. And those
same reasons—which are supported by substantial evidence and are uncontested
on appeal—apply equally to the two assessments the ALJ did not consider. This
means that any error by the ALJ in not addressing the assessments was harmless—
that is, “inconsequential to the ultimate nondisability determination” and unable to
“alter[] the outcome of the case.”
Molina, 674 F.3d at 1115 (internal quotation
marks omitted).
AFFIRMED.
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