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BERRY v. ASTRUE

No. 09-35421.

622 F.3d 1228 (2010)

Daniel BERRY, Plaintiff-Appellant, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted March 5, 2010.

Attorney(s) appearing for the Case

Charles W. Talbot , Tacoma, WA, for the appellant.

Jeffrey C. Sullivan , United States Attorney, Brian C. Kipnis , Assistant United States Attorney, David Morado , Regional Chief Counsel and L. Jamala Edwards (argued), Assistant Regional Counsel, Social Security Administration, Office of General Counsel, Seattle, WA, for the appellee.

Before: A. WALLACE TASHIMA, RAYMOND C. FISHER and MARSHA S. BERZON, Circuit Judges.

OPINION

FISHER, Circuit Judge:

In September 2005, Daniel Berry, a military veteran and former commercial courier driver born in 1959, filed a claim for disability insurance benefits under 42 U.S.C. § 423 and supplemental security income benefits under 42 U.S.C. § 1382. His claim was denied upon a finding that he could return to his past relevant work and therefore was not disabled. That finding was based in part on the conclusion that whether Berry...

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