United States Ninth Circuit

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Carmickle v. Comm'r, Soc. Sec. Admin., 05-36128

A denial of Social Security Disability Insurance benefits claimed to be due primarily to a back injury caused by a 2001 on-the-job accident is affirmed in part, but reversed in part and remanded where the ALJ erroneously classified claimant's prior relevant work as a construction supervisor and counter salesperson.

Appellate Information

  • Submitted 12/06/2007
  • Decided 07/24/2008
  • Published 07/24/2008

Judges

  • Before:  DIARMUID F. O'SCANNLAIN, SUSAN P. GRABER and CONSUELO M. CALLAHAN, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

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

  • For Appellees:
  • 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.

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