Paul Peksenak v. Kilolo Kijakazi

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS OCT 25 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

PAUL ANDREW PEKSENAK, No. 20-35823

Plaintiff-Appellant, D.C. No. 2:19-cv-01815-BAT

v.

MEMORANDUM*

KILOLO KIJAKAZI, Acting Commissioner of Social Security,

Defendant-Appellee.

Appeal from the United States District Court for the Western District of Washington Brian Tsuchida, Magistrate Judge, Presiding

Argued and Submitted October 7, 2021 Seattle, Washington

Before: PAEZ, M. SMITH, and NGUYEN, Circuit Judges. Partial Concurrence and Partial Dissent by Judge PAEZ

Paul Peksenak appeals the district court’s judgment affirming the denial of his

application for disability insurance benefits under the Social Security Act. Because

the parties are familiar with the facts, we do not recount them here, except as

necessary to provide context to our ruling. We review the district court’s order de

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. novo and “may set aside the findings of…