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VALENTINE v. COMMISSIONER SOCIAL SEC. ADMIN.

No. 08-35374.

574 F.3d 685 (2009)

Jerry C. VALENTINE, Plaintiff-Appellant, v. COMMISSIONER SOCIAL SECURITY ADMINISTRATION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 20, 2009.

Attorney(s) appearing for the Case

Linda S. Ziskin, Lake Oswego, OR, argued the cause for the appellant and filed the briefs. Martin R. Cohen, Lake Oswego, OR, was also on the briefs.

Thomas M. Elsberry, Assistant Regional Counsel, Social Security Administration, Seattle, WA, argued the cause for the appellee and filed the brief. Karin J. Immergut, United States Attorney, Britannia I. Hobbs, Assistant United States Attorney, and David Morado, Regional Chief Counsel, Social Security Administration, Seattle, WA, were also on the brief.

Before: ALFRED T. GOODWIN, DIARMUID F. O'SCANNLAIN, and RAYMOND C. FISHER, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must determine the circumstances under which the Social Security Administration can find that a claimant for disability insurance benefits is not disabled despite a contrary finding by the Department of Veterans Affairs.

I

Jerry Valentine filed an application with the Social Security Administration ("SSA") for Social Security disability insurance benefits in March 2005. He...

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