Ninth Circuit Narrows Scope for Challenging VE Testimony in SSDI Denials

In Boonthong v. Commissioner of Social Security, No. 24-3921 (9th Cir. July 22, 2025), the Ninth Circuit reminds us that not all evidence submitted post-hearing is created equal—especially when it comes to alternate job number estimates.

Boonthong appealed the denial of her Social Security Disability Insurance and SSI claims, arguing that the ALJ erred at step five of the sequential analysis.

Specifically, she challenged the reliability of the vocational expert’s (VE's) job numbers, presenting lower alternate estimates generated by her attorney using Job Browser Pro.

Here’s the catch: the court rejected the challenge. Why? Because Boonthong’s attorney didn’t show that she used the same methodology as the VE. The court leaned heavily on Wischmann v. Kijakazi, holding that alternate estimates must be “probative”—meaning, produced using a data source and method the SSA regularly relies on, and with transparency about variables and filters.

The panel emphasized that without detailed replication of the VE’s methodology, alternate data (even from Job Browser Pro) lacks the probative weight to trigger remand. No duty to reconcile the discrepancy. No reversible error.

The court also dismissed Boonthong’s second argument—that her RFC conflicted with the reasoning levels of two of the jobs identified—because she didn't contest the third job: printed circuit board inspector.

👩‍⚖️ Practice Point: This case is a cautionary tale. If you plan to challenge VE job numbers, your alternate estimates must be airtight: transparent, replicable, and using familiar SSA tools with clearly documented variables.

🧠 For litigators and reps at the Appeals Council or federal court levels, Boonthong reinforces that methodology matters more than numbers alone.

Got any questions? Schedule a consultation with us. I’m here to help. It’s a lot to take in, but we’ll get through it together. After all, navigating these waters is always easier when you’ve got someone to chat with.