GREGER v. BARNHART
The Ninth Circuit Court of Appeals today released an opinion in GREGER v. BARNHART, No. 04-35891, an appeal in a civil action against the United States. The panel consisted of Warren J. Ferguson and Consuelo M. Callahan, Circuit Judges, and Susan R. Bolton, District Judge.
BOLTON, District Judge:
Leonard R. Greger appeals the district court’s order affirming the Commissioner of Social Security’s (”Commissioner”) denial of social security disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401-33. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. FACTS AND PROCEDURAL HISTORY Greger applied for social security disability insurance benefits on January 30, 2001. He alleged that he became disabled . . .
FERGUSON, Circuit Judge, dissenting:
Leonard Greger suffers from Post-Traumatic Stress Disorder (”PTSD”) arising out of his experiences during his military service in Vietnam. In 1998, the Veterans Administration (”VA”) rated Greger as 30% disabled due to his PTSD diagnosis. According to Greger, his PTSD makes it difficult for him to get along with authority, causes him to be irritable, and contributes to his anger control problems. Greger also testified that he has had trouble sleeping due to nightmares. Since 1998, Greger has been on anti-anxiety and anti-depressant medication to control his psychological problems, and previously saw a psychiatrist. In 2000, Greger told a VA examiner that, in addition to his other symptoms, his memory and concentration are poor. That same examiner noted that Greger suffers from “some vague, paranoid thoughts.” And during . . .