Martin Schiaffino v. Kilolo Kijakazi

FILED

NOT FOR PUBLICATION

DEC 13 2021

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

MARTIN A. SCHIAFFINO, No. 20-35894

Plaintiff-Appellant, D.C. No. 3:17-cv-05541-RSM

v.

MEMORANDUM*

KILOLO KIJAKAZI, Acting Commissioner of Social Security,

Defendant-Appellee.

Appeal from the United States District Court for the Western District of Washington Ricardo S. Martinez, Chief District Judge, Presiding

Argued and Submitted December 8, 2021 Seattle, Washington

Before: McKEOWN and BADE, Circuit Judges, and FITZWATER,** District Judge.

In Schiaffino v. Saul, 799 F. App’x 473 (9th Cir. 2020), a panel of this court

reversed the district court’s affirmance of the Commissioner of Social Security’s

(“Commissioner’s”) final decision denying the application of plaintiff-appellant

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Sidney A. Fitzwater, United States District Judge for the Northern District of Texas, sitting by designation. Martin A. Schiaffino (“Schiaffino”) for…