Tom Hardisty v. Michael Astrue

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

TOM HARDISTY, 

Plaintiff-Appellant, No. 08-35919 v.  D.C. No. 3:06-cv-01670-BR MICHAEL J. ASTRUE, Commissioner of Social Security Administration, OPINION Defendant-Appellee.  Appeal from the United States District Court for the District of Oregon Anna J. Brown, District Judge, Presiding

Argued and Submitted October 9, 2009—Portland, Oregon

Filed January 25, 2010

Before: Diarmuid F. O’Scannlain and N. Randy Smith, Circuit Judges, and Ronald M. Whyte,* District Judge.

Opinion by Judge O’Scannlain

*The Honorable Ronald M. Whyte, United States District Judge for the Northern District of California, sitting by designation. COUNSEL

Ralph Wilborn, Wilborn Law Office, P.C., Oregon City, Ore- gon, argued the cause for the plaintiff-appellant. Tim Wilborn filed the briefs.

Kathryn A. Miller, Assistant Regional Counsel, Office of the General Counsel, Social Security Administration, Seattle, Washington, argued the cause for the defendant-appellee and filed the brief. Karin J. Immergut, United States Attorney, Britannia I.…