Vincent ex rel. Vincent v. Heckler, 739 F.2d 1393 (9th Cir. 1984). · Go Syfert
Vincent ex rel. Vincent v. Heckler, 739 F.2d 1393 (9th Cir. 1984). Cases Citing This Book View Copy Cite
Quick Summary

An administrative law judge need not discuss all evidence presented but must explain why significant probative evidence has been rejected.

An appellant challenges the denial of social security disability benefits, arguing that the administrative decision lacked substantial evidence and that the administrative law judge failed to address certain evidence. The court finds that the medical records and ambiguous letters from a psychologist constitute substantial evidence to support the Secretary's decision. Regarding the omission of specific evidence, the court holds that while the Secretary must explain why significant probative evidence has been rejected, she is not required to discuss all evidence presented. Because the ignored psychiatric report and lay testimony were not significant or probative, the failure to discuss them does not require reversal.

903 citation events (832 in the last 25 years) across 26 distinct courts.
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Cited for
At page 1394 ALJ need not discuss non-significant evidence259 citing casesfinding no error when the Secretary ignored evidence that was neither significant nor probative3 citing courts put it this way · 200 listed here · 1 cautionary
  • Garcia v. Comm'r Soc. Sec. Admin., No. 3:21-cv-00294 (D. Or. Oct. 11, 2022). Cited "but see"
    (ALJ “must explain why significant probative evidence has been rejected)
  • (SS) Stevens v. Comm'r of Soc. Sec., No. 1:21-cv-00878 (E.D. Cal. Sept. 14, 2022). 2 cites
    (Only disabilities existing before [the date last 19 insured] can trigger insurance benefits.)
  • Pierre O. Redd v. Kilolo Kijakazi, No. 2:21-cv-06383 (C.D. Cal. July 20, 2022). 2 cites
    See Bayliss v. Barnhart, 427 F.3d 1211, 1218 (9th Cir. 2005) 9 (“Inconsistency with the medical evidence” was a germane reason for rejecting lay 10 testimony); Vincent v. Heckler, 739 F.2d 1393, 1395 (9th Cir. 1984) (“The ALJ 11 properly d…
  • Rowland, No. 6:25-cv-01725 (D. Or. Sept. 25, 2026).
    Rather, she must explain why significant probative evidence has been rejected.’” Id. (quoting Vincent v. Heckler, 739 F.2d 1393, 1394-95 (9th Cir. 1984)) (emphasis in Vincent).2 “This standard appropriately captures the competing interests…
  • Richard Greyeagle v. Frank Bisignano, No. 2:25-cv-02839 (E.D. Cal. Sept. 25, 2026).
    While the ALJ “need not discuss all evidence 14 presented to her[,] . . . she must explain why significant probative evidence has been rejected.” 15 Vincent on Behalf of Vincent v. Heckler, 739 F.2d 1393, 1394-95 (9th Cir. 1984) (internal…
  • Shaw, No. 3:26-cv-02959 (N.D. Cal. Sept. 16, 2026).
    It bears on the “paragraph B” ratings, which rested on the plaintiff’s hearing 20 performance and largely normal mental-status findings without weighing the combined evidence 21 of PTSD, brain injury, and stimulant use.106 And, as explaine…
  • Lawrence, No. 6:25-cv-00317 (E.D. Okla. Aug. 26, 2026).
    Vincent v. Heckler, 739 F.2d 1393, 1394-95 (9th Cir. 1984)).
  • Macandog, No. 2:25-cv-01386 (D. Nev. Aug. 20, 2026). 2 cites
    (observing that, 13 “[w]here a material conflict in the evidence is present, only the ALJ can resolve it” and finding that ALJ 14 was entitled to discount and ignore contradicted psychiatrist opinion)
  • Beale, No. 1:25-cv-00300 (D. Idaho Aug. 14, 2026).
    Vincent v. Heckler, 739 F.2d 1393, 1394-95 (9th Cir. 1984)) (internal quotation marks omitted).
  • Alger, No. 3:25-cv-05962 (W.D. Wash. Aug. 6, 2026).
    While an ALJ need not address every piece of 23 evidence, an ALJ “may not ignore significant probative evidence that bears on the 24 1 disability analysis.” Kilpatrick v. Kijakazi, 35 F.4th 1187, 1193 (9th Cir. 2022) (quoting 2 Vincent v.…
Show 190 more citing cases
At page 1395 Analyzing evidence rejection requirements for administrative law decisions154 citing cases“after-the-fact psychiatric diagnoses are notoriously unreliable.”10 citing courts quote it · 152 listed here · 1 cautionary
  • Logan v. Bowen, 713 F. Supp. 348 (D. Ariz. 1989).published Cited "but see"
    (court stated that it was not reversible error when AU did not discuss lay testimony where that testimony conflicted with the available medical evidence, noting that “[although courts have upheld use of lay testimony in…)
  • Velvet Lovette Jackson King v. Kilolo Kijakazi, No. 5:23-cv-00054 (C.D. Cal. Aug. 4, 2023).
    ([the ALJ] must explain why “significant probative evidence has been 6 rejected)
  • Pierre O. Redd v. Kilolo Kijakazi, No. 2:21-cv-06383 (C.D. Cal. July 20, 2022). 2 cites
    (The ALJ 11 properly discounted lay testimony that conflicted with the available medical 12 evidence.)
  • (SS) Hammonds v. Comm'r of Soc. Sec., No. 1:19-cv-01139 (E.D. Cal. Oct. 15, 2020). 2 cites
    (An ALJ 5 must explain why he has rejected uncontroverted medical evidence.)
  • Stephenson v. Comm'r Soc. Sec. Admin., No. 6:19-cv-00730 (D. Or. Sept. 28, 2020).
    (After-the-fact psychiatric diagnoses are notoriously unreliable.)
  • Evertz v. Comm'r Soc. Sec. Admin., No. 3:18-cv-01997 (D. Or. May 30, 2020).
    (After- the-fact psychiatric diagnoses are notoriously unreliable.)
  • Carina Moore Topazio v. Nancy A. Berryhill, No. 2:19-cv-00815 (C.D. Cal. May 20, 2020).
    (The ALJ properly discounted lay testimony that conflicted with the 26 available medical evidence.)
  • Butcher v. Saul, No. 3:18-cv-01956 (S.D. Cal. Sept. 19, 2019). 2 cites
    (After-the-fact psychiatric 6 diagnoses are notoriously unreliable.)
  • Martin Neely v. Martin O'Malley, No. 8:24-cv-01542 (C.D. Cal. Sept. 19, 2025). 2 cites
    (The ALJ properly discounted lay testimony that conflicted with the 3 available medical evidence.)
  • April J. Michles v. Nancy A. Berryhill, No. 5:19-cv-00943 (C.D. Cal. Feb. 16, 2021).
    (The ALJ properly discounted lay witness testimony 27 that conflicted with the available medical evidence.)
Show 142 more citing cases
At page 1393 “make fairly detailed findings in support of administrative decisions to permit courts to review those decisions intelligently,”0 citing cases1 citing court quotes it
    Other citing cases3 with no pin cite or quoted language on record
    Retrieving the full opinion text from the archive…
    Thomas VINCENT, on Behalf of Howard VINCENT
    v.
    Margaret M. HECKLER, Secretary of Health and Human Services
    No. 83-2066.
    Court of Appeals for the Ninth Circuit.
    Aug 7, 1984.
    Published opinion
    739 F.2d 1393
    1984 U.S. App. LEXIS 19770
    Richard A. Gutstadt, Oakland, Cal., for plaintiff-appellant., Michael R. Power, Asst; Regional Atty., Dept, of Health & Human Services, San Francisco, Cal., for defendant-appellee.
    Hug, Nelson, Wright.
    Cited by 143 opinions  |  Published
    5 passages pin-cited by 5 cases
    Citer courts: E.D. California (3) · C.D. California (2) · Ninth Circuit (1)
    PER CURIAM:

    The Secretary of Health and Human Services denied Thomas Vincent’s claim on behalf of his father for social security disability benefits. The district court affirmed the Secretary’s decision. Vincent appeals, alleging that there was not substantial evidence on the record to support the administrative decision. A subsidiary argument is that the judge’s failure to consider on the record certain evidence requires reversal. We affirm:

    I. FACTUAL BACKGROUND

    On November 25, 1977, Howard Vincent suffered a transient ischemic attack. On September 13, 1979, while driving over a mountain pass in Colorado, Vincent suffered a second transient ischemic attack. On August 27, 1980, Vincent suffered a debilitating stroke. Vincent’s insured status, however, expired on June 30, 1980. Thus, only disabilities existing before that time can trigger insurance benefits. See Jackson v. Richardson, 465 F.2d 998 (9th Cir.1972). Thomas Vincent argues that Howard Vincent’s second ischemic attack left him unable to perform substantial gainful activity.

    II. SUBSTANTIAL EVIDENCE SUPPORTS THE SECRETARY’S DECISION.

    Dr. Chamberlain, the treating physician at the time of Vincent’s second transient ischemic attack, reported that all symptoms had disappeared before Vincent’s release from the hospital. Dr. Chamberlain examined Vincent again one month later and noted no disabling effects of the attack. Three months later, after he had returned home to California, Vincent was examined by a local physician, Dr. Postman. Dr. Postman prepared a fairly extensive medical report detailing Vincent’s bronchopulmonary difficulties (allergies and asthma), but containing no information suggesting that Vincent was suffering from cardiovascular impairment. Finally, a clinical psychologist, Dr. Danton, who had counseled Vincent over the course of 29 visits beginning on October 29, 1979 (one month after the attack at issue here), submitted two ambiguous letters to the AU. In the first letter, Dr. Danton acknowledged that Vincent had suffered psychological difficulties as a result of the second attack. He concluded that Vincent “was able to manage a small coal supply company,” because “this was a very low-stress job and ... he was greatly helped by his office staff.” In the second letter, Dr. Danton strongly emphasized Vincent’s disabilities, noting that managing the coal business was “a very qualified success” and that, after the attack, “things weren’t going well” for Vincent. Together, however, these documents constitute substantial evidence to support the Secretary’s decision.

    III. FAILURE TO DISCUSS CERTAIN EVIDENCE DOES NOT REQUIRE REVERSAL.

    Vincent accurately argues that the Secretary must make fairly detailed findings in support of administrative decisions to permit courts to review those decisions intelligently. See Lewin v. Schweiker, 654 F.2d 631, 634 (9th Cir.1981). The Secretary, however, need not discuss all evi[*1395]dence presented to her. Rather, she must explain why “significant probative evidence has been rejected.” Cotter v. Harris, 642 F.2d 700, 706 (3d Cir.1981). Here, the evidence which the Secretary ignored was neither significant nor probative.

    A. DR. SATTEN’S PSYCHIATRIC REPORT.

    Dr. Satten, a psychiatrist, had treated Vincent in 1974 and 1975. He also saw Vincent twice in 1977 and once in 1978. Dr. Satten never saw Vincent after the 1979 stroke. However, after examining reports from several treating physicians and reading statements about Vincent’s condition, Dr. Satten wrote a letter concluding that Vincent was severely impaired. Vincent accurately notes that the AU did not mention Dr. Satten’s letter in his decision.

    An AU must explain why he has rejected uncontroverted medical evidence. See Day v. Weinberger, 522 F.2d 1154, 1156 (9th Cir.1975). Here, Dr. Satten’s letter was not “uncontroverted.” It addressed the same issue as the medical reports prepared by Drs. Chamberlain and Postman. Where a material conflict in the evidence is present, only the AU can resolve it. See Richardson v. Perales, 402 U.S. 389, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971). Here, the AU’s determination seems reasonable. After-the-fact psychiatric diagnoses are notoriously unreliable. See Schauer v. Schweiker, 675 F.2d 55, 60 n. 5 (2d Cir.1982). The AU was entitled to discount Dr. Satten’s letter.

    B. LAY TESTIMONY

    Mary Manser, a former employee of Vincent’s, testified that Vincent suffered serious mental impairment as a result of his second stroke. Additionally, Thomas Vincent testified that his father’s second, stroke had left him impaired. The AU did not discuss this testimony in his hearing decision. Once again, this omission does not require reversal.

    Although courts have upheld the use of lay testimony in some instances, see Singletary v. Secretary of HEW, 623 F.2d 217 (2d Cir.1980), it is not the equivalent of “medically acceptable ... diagnostic techniques’’ that are ordinarily relied upon to establish a disability. See 42 U.S.C. § 423(d)(3); Hall v. Secretary of HEW, 602 F.2d 1372 (9th Cir.1979). The AU properly discounted lay testimony that conflicted with the available medical evidence.

    AFFIRMED.