Robert Conway v. Martin O'Malley

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ROBERT CONWAY, No. 22-35427

Plaintiff-Appellant, D.C. No.3:21-cv- v. 00712-HZ

MARTIN J. O’MALLEY,

Commissioner of Social Security, OPINION

Defendant-Appellee.

Appeal from the United States District Court for the District of Oregon Marco A. Hernandez, Chief District Judge, Presiding

Argued and Submitted April 19, 2023 Portland, Oregon

Filed March 26, 2024

Before: Johnnie B. Rawlinson and Jennifer Sung, Circuit Judges, and Brian M. Morris, * District Judge.

Opinion by Judge Sung; Dissent by Judge Rawlinson

* The Honorable Brian M. Morris, United States District Judge for the District of Montana, sitting by designation. CONWAY V. O’MALLEY

SUMMARY **

Social Security

The panel reversed the district court’s judgment upholding the denial of social security benefits by an administrative law judge (“ALJ”), and remanded with the instruction that the district court remand to the agency for further proceedings. The ALJ found that claimant had the residual functional capacity to perform…