Martin Schiaffino v. Kilolo Kijakazi

FILED

NOT FOR PUBLICATION

MAY 1 2023

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

MARTIN SCHIAFFINO, No. 22-35288

Plaintiff-Appellant, D.C. No. 3:21-cv-05231-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 A. Tsuchida, Magistrate Judge, Presiding

Argued and Submitted February 14, 2023 Seattle, Washington

Before: PAEZ and VANDYKE, Circuit Judges, and LIBURDI,** District Judge. Dissent by Judge PAEZ.

Martin Schiaffino appeals the district court’s affirmation of the denial of his

application for disability benefits. He contends the ALJ who denied those benefits

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Michael T. Liburdi, United States District Judge for the District of Arizona, sitting by designation. improperly discounted (1) his testimony, (2) lay witnesses’ statements, (3) the

supportive opinion of an examining…