Alice Fenske v. Martin O'Malley

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS SEP 13 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ALICE FENSKE, No. 23-35335

Plaintiff-Appellant, D.C. No. 3:22-cv-05590-JRC

v.

MEMORANDUM*

MARTIN J. O'MALLEY, Commissioner of Social Security,

Defendant-Appellee.

Appeal from the United States District Court for the Western District of Washington J. Richard Creatura, Magistrate Judge, Presiding

Submitted September 10, 2024** Seattle, Washington

Before: GRABER and SUNG, Circuit Judges, and RAKOFF,*** District Judge.

Appellant Alice Fenske, as substitute party for her deceased husband,

Claimant Andre M. Fenske, appeals the judgment affirming the Administrative

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable Jed S. Rakoff, United States District Judge for the Southern District of New York, sitting by designation. Law Judge’s…