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LEON v. BERRYHILL

No. 15-15277.

880 F.3d 1041 (2017)

Leopoldo N. LEON, Plaintiff-Appellant, v. Nancy A. BERRYHILL, Acting Commissioner Social Security, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted January 12, 2017 San Francisco, California.

Amended January 25, 2018.

Attorney(s) appearing for the Case

Eric G. Slepian , Phoenix, Arizona, for Plaintiff-Appellant.

Erin Highland and Jordan D. Goddard , Assistant Regional Counsel; Mathew W. Pile , Acting Regional Chief Counsel, Seattle Region X; Elizabeth A. Strange , First Assistant United States Attorney; Office of the General Counsel, Social Security Administration, Seattle, Washington; for Defendant-Appellee.

Before: J. Clifford Wallace and Milan D. Smith, Jr., Circuit Judges, and Ralph R. Erickson, District Judge.

ORDER AND AMENDED OPINION

The Opinion filed on November 7, 2017 is amended as follows:

At page 12, line 18 through page 13, line 2, delete <Accordingly, on remand Leon shall be permitted to cross-examine the Commissioner's medical consultants, but only to the extent such cross-examination concerns the issue of Leon's fatigue.> and replace with <Because the ALJ relied on Dr. McLean's opinion in discrediting Leon's fatigue testimony and the record...

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