John O'Brien v. Kilolo Kijakazi

FILED

NOT FOR PUBLICATION

MAY 31 2023

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOHN P. O’BRIEN, No. 22-35285

Plaintiff-Appellant, D.C. No. 6:20-cv-01998-JR

v.

MEMORANDUM*

KILOLO KIJAKAZI, Acting Commissioner of Social Security,

Defendant-Appellee.

Appeal from the United States District Court for the District of Oregon Jolie A. Russo, Magistrate Judge, Presiding

Argued and Submitted April 21, 2023 Portland, Oregon

Before: RAWLINSON, BEA, and SUNG, Circuit Judges.

John O’Brien (O’Brien) appeals the denial of his application for Social

Security benefits by an Administrative Law Judge (ALJ). We have jurisdiction

under 28 U.S.C. § 1291, and we affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. “We review a district court’s judgment de novo and set aside a denial of

benefits only if it is not supported by substantial evidence or is based on legal

error.” Smartt v. Kijakazi, 53 F.4th 489, 494 (9th Cir. 2022) (citation and internal

quotation marks omitted).…