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CARMICKLE v. COMMISSIONER, SOCIAL SEC. ADMIN.

No. 05-36128.

533 F.3d 1155 (2008)

Ronald CARMICKLE, Plaintiff-Appellant, v. COMMISSIONER, SOCIAL SECURITY ADMINISTRATION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 24, 2008.

Attorney(s) appearing for the Case

Tim Wilborn, Wilborn & Associates, P.C., West Linn, OR, filed briefs for the plaintiff-appellant.

Richard A. Morris, Assistant Regional Counsel, Social Security Administration, Office of the General Counsel, Seattle, WA, filed a brief for the defendant-appellee; Karin J. Immergut, United States Attorney, Portland, OR, Neil J. Evans, Assistant United States Attorney, and Michael McGaughran, Regional Chief Counsel, Region X, Seattle, WA, were on the brief.

Opinion by Judge O'SCANNLAIN; Partial Concurrence and Partial Dissent by Judge GRABER.

O'SCANNLAIN, Circuit Judge:

We must decide whether the district court properly affirmed the Commissioner's denial of Social Security Disability Insurance benefits in this case.

I

Carmickle alleges disability and seeks benefits under the Social Security Act, 42 U.S.C. § 423, due primarily to a back injury caused by a July 2001 on-the-job accident. In his fifties, Carmickle has an 11th-grade education...

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