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LOCKWOOD v. COMMISSIONER SOCIAL SEC. ADMIN.

No. 09-35546.

616 F.3d 1068 (2010)

Claburn M. LOCKWOOD, Plaintiff Appellant, v. COMMISSIONER SOCIAL SECURITY ADMINISTRATION, Defendant Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 16, 2010.

Attorney(s) appearing for the Case

Linda S. Ziskin (argued), Lake Oswego , OR, and Richard A. Sly , Portland, OR, for the plaintiff appellant.

Kent S. Robinson , Acting United States Attorney, Adrian L. Brown , Assistant United States Attorney, David Morado , Regional Chief Counsel, and Stephanie R. Martz (argued), Assistant Regional Counsel, Social Security Administration, Seattle, WA, for the defendant appellee.

Before ANDREW J. KLEINFELD, CARLOS T. BEA, and SANDRA S. IKUTA, Circuit Judges.

OPINION

BEA, Circuit Judge:

The issue in this case is whether an administrative law judge ("ALJ") erred when she failed to explain in her written decision why she treated a social security disability benefits claimant as being a person closely approaching advanced age instead of treating the claimant as being a person of advanced age. We hold the ALJ did not err because she was required by regulation only to consider whether to use the older age category...

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