Vasquez

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

PRISCILLA VASQUEZ,  No. 06-16817 Plaintiff-Appellant, D.C. No. v.  CV-05-03857 JW MICHAEL J. ASTRUE, Commissioner ORDER AND of Social Security, AMENDED Defendant-Appellee.  DISSENT

Appeal from the United States District Court for the Northern District of California James Ware, District Judge, Presiding

Argued and Submitted May 15, 2008—San Francisco, California

Filed November 5, 2008 Amended July 8, 2009

Before: Diarmuid F. O’Scannlain and Michael Daly Hawkins, Circuit Judges, and James V. Selna,* District Judge.

Opinion by Judge Selna; Concurrence by Judge Hawkins; Dissent by Judge O’Scannlain

*The Honorable James V. Selna, United States District Judge for the Central District of California, sitting by designation. COUNSEL

James Hunt Miller, Oakland, California, for the plaintiff- appellant.

John C. Cusker, Special Assistant United States Attorney, Office of the General Counsel, Social Security Administra- tion, San Francisco, California, for the defendant-appellee. 8402 …