ORN v. ASTRUE

No. 05-16181.

495 F.3d 625 (2007)

Leo ORN, Plaintiff-Appellant, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 16, 2007.


Attorney(s) appearing for the Case

Manuel D. Serpa, Binder and Binder, LLP, Santa Ana, CA, for the appellant.

Sarah Ryan, Special Assistant United States Attorney, Social Security Administration, San Francisco, CA, for the Appellee.

Before: MARY M. SCHROEDER, Chief Circuit Judge, STEPHEN S. TROTT and W. FLETCHER, Circuit Judges.


WILLIAM A. FLETCHER, Circuit Judge:

Leo Orn filed an application for Social Security benefits claiming that he was unable to work because of disability. Orn has been diagnosed with several disorders, including asthma, severe chronic obstructive pulmonary disease, diabetes, sleep apnea, and morbid obesity. Following a remand from the Appeals Council, the Administrative Law Judge ("ALJ") agreed with Orn that he was unable to perform his past work. But, after rejecting...

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