No. 21-35412.

95 F.4th 1194 (2024)

Danny Ray FERGUSON, Plaintiff-Appellant, v. Martin J. O'MALLEY, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 14, 2024.

Attorney(s) appearing for the Case

Alyson R. Young (argued) and Kevin Kerr , Kerr Robichaux & Carroll, Portland, Oregon, for Plaintiff-Appellant.

Daniel P. Talbert (argued), Special Assistant United States Attorney, Social Security Administration, Office of the General Counsel, San Francisco, California; Frederick D. Fripps , Special Assistant United States Attorney; Willy Le , Acting Regional Chief Counsel, Seattle Region X; Renata Gowie , Civil Division Chief; Scott E. Asphaug , Acting United States Attorney; Social Security Administration, Office of the General Counsel, Seattle, Washington; Kevin C. Danielson , Assistant United States Attorney, United States Department of Justice, United States Attorney's Office, Portland, Oregon; for Defendant-Appellee.

Dissent by Judge Rawlinson.


Danny Ray Ferguson seeks judicial review of a denial of Social Security benefits. The district court affirmed the denial of benefits, and Ferguson timely filed this appeal. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court's order. Smartt v. Kijakazi, 53 F.4th 489...

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