MacKey

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JAN 31 2025

FOR THE NINTH CIRCUIT MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

KIMBERLY MACKEY, No. 23-3620 D.C. No. Plaintiff - Appellant, 1:21-cv-03099-LRS v.

MEMORANDUM**

CAROLYN W. COLVIN,* Acting Commissioner of Social Security,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of Washington Lonny R. Suko, District Judge, Presiding

Argued and Submitted December 6, 2024 Seattle, Washington

Before: W. FLETCHER, BERZON, and R. NELSON, Circuit Judges. Dissent by Judge BERZON.

An administrative law judge denied Kimberly Mackey’s claim for disability

benefits. A district court affirmed that decision, and Mackey appeals. We have

jurisdiction under 42 U.S.C. § 405(g), and we review the ALJ’s factual findings for

* Carolyn W. Colvin is substituted as Acting Commissioner of the Social Security Administration pursuant to Fed. R. App. P. 43(c). ** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.…