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McLEOD v. ASTRUE

No. 09-35190.

627 F.3d 1170 (2010)

Gene R. McLEOD, Plaintiff-Appellant, v. Michael J. ASTRUE, Commissioner of Social Security Administration, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 16, 2010.

Attorney(s) appearing for the Case

Paul B. Eaglin , Eaglin Law Office, Fairbanks, AK, for the appellant.

Jennifer Randall , Special Assistant United States Attorney, Social Security Administration, Office of the General Counsel, Denver, CO, for the appellee.

Before: ANDREW J. KLEINFELD, A. WALLACE TASHIMA, and RICHARD C. TALLMAN, Circuit Judges.

OPINION

KLEINFELD, Circuit Judge:

We address harmless error in the context of Social Security disability.

I. Facts

Gene R. McLeod applied at age 51 for supplemental security income based on disability. The Administrative Law Judge (ALJ) found that he had three severe impairments—degenerative changes of the lumbar spine, history of coronary artery disease, and sleep apnea—but none so severe as to rise to the level of "listed...

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