UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT DANNY RAY FERGUSON, No. 21-35412

Plaintiff-Appellant, D.C. No. 2:19-cv- 01845-MC v. MARTIN J. O’MALLEY, OPINION Commissioner of Social Security,

Defendant-Appellee.

Appeal from the United States District Court for the District of Oregon Michael J. McShane, District Judge, Presiding

Argued and Submitted April 21, 2023 Portland, Oregon

Filed March 14, 2024 Before: Johnnie B. Rawlinson, Carlos T. Bea, and Jennifer Sung, Circuit Judges.

Opinion by Judge Sung; Dissent by Judge Rawlinson 2 FERGUSON V. O’MALLEY

SUMMARY *

Social Security

The panel reversed the district court’s judgment affirming the Commissioner of Social Security’s denial of claimant’s application for disability benefits, and remanded to the district court with instructions to remand to the administrative law judge (“ALJ”) to reconsider the c