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WISCHMANN v. KIJAKAZI

No. 21-35914.

68 F.4th 498 (2023)

James Boyd WISCHMANN, Plaintiff-Appellant, v. Kilolo KIJAKAZI, Acting Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 17, 2023.

Attorney(s) appearing for the Case

Paul M. Warren (argued) and Kevin Kerr , Kerr Robichaux & Carroll, Portland, Oregon, for Plaintiff-Appellant.

Shata L. Stucky (argued), Assistant Regional Counsel; Nicole Jabaily , Acting Regional Chief Counsel, Seattle Region X; Social Security Administration, Office of the General Counsel; Seattle, Washington; Kerry Jane Keefe , Assistant United States Attorney; Nicholas W. Brown , United States Attorney; Office of the United States Attorney; Seattle, Washington; for Defendant-Appellee.

Before: Sandra S. Ikuta and Daniel P. Collins, Circuit Judges, and Sidney A. Fitzwater, District Judge.

OPINION

This case requires us to decide whether an Administrative Law Judge (ALJ) must reconcile a purported inconsistency between testimony of a vocational expert (VE) as to the number of jobs available in the national economy that a claimant can perform and the claimant's assertedly contrary job-number estimates...

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