Brian Dalka v. Kilolo Kijakazi

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 6 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

BRIAN GILBERT DALKA, No. 20-36043

Plaintiff-Appellant, D.C. No. 2:19-cv-00150-CWD

v.

MEMORANDUM*

KILOLO KIJAKAZI, Acting Commissioner of Social Security,

Respondent-Appellee.

Appeal from the United States District Court for the District of Idaho Candy W. Dale, Magistrate Judge, Presiding

Argued and Submitted November 19, 2021 San Francisco, California

Before: PAEZ, WATFORD, and FRIEDLAND, Circuit Judges.

Petitioner Brian Dalka appeals the district court’s judgment affirming an

Administrative Law Judge’s (“ALJ”) denial of his application for disability

benefits. We have jurisdiction under 28 U.S.C. § 1291, and we reverse and remand

for further proceedings.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. On October 14, 2016, an ALJ denied Dalka’s first application for disability

benefits. Dalka did not appeal. Thus, under Chavez v. Bowen, 844 F.2d 691, 693

(9th Cir.…