52 soc.sec.rep.ser. 827, unempl.ins.rep. (Cch) P 15688b, 97 Cal. Daily Op. Serv. 1874, 97 Daily Journal D.A.R. 3493 Joseph Sandgathe v. Shirley S. Chater, Comm'r of Soc. Sec., 108 F.3d 978 (9th Cir. 1997). · Go Syfert
52 soc.sec.rep.ser. 827, unempl.ins.rep. (Cch) P 15688b, 97 Cal. Daily Op. Serv. 1874, 97 Daily Journal D.A.R. 3493 Joseph Sandgathe v. Shirley S. Chater, Comm'r of Soc. Sec., 108 F.3d 978 (9th Cir. 1997). Cases Citing This Book View Copy Cite
“substantial evidence is more than a mere 3 scintilla but less than a preponderance; it is such relevant evidence as a reasonable mind 4 might accept as adequate to support a conclusion.”
962 citation events (950 in the last 25 years) across 16 distinct courts.
Strongest positive: Guerin v. Kijakazi (casd, 2022-11-15)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Guerin v. Kijakazi (2×) also: Cited as authority (rule)
S.D. Cal. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
substantial evidence is more than a mere 3 scintilla but less than a preponderance; it is such relevant evidence as a reasonable mind 4 might accept as adequate to support a conclusion.
discussed Cited as authority (verbatim quote) Andrew Cardenas v. Andrew Saul
C.D. Cal. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
reports of consultative physicians called in by the commissioner may 5 serve as substantial evidence.
discussed Cited as authority (verbatim quote) Diane Arleen Henry v. Andrew Saul
C.D. Cal. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
reports of 27 consultative physicians called in by the commissioner may serve as substantial 28 evidence.
discussed Cited as authority (rule) Kory D.S. v. Commissioner, Social Security Administration
D. Or. · 2026 · confidence medium
“Substantial evidence is ‘more than a mere scintilla but less than a preponderance; it is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.’” Hill v. Astrue, 698 F.3d 1153, 1159 (9th Cir. 2012) (quoting Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 1997)).
discussed Cited as authority (rule) Ayla C.R. v. Commissioner of Social Security Administration
D. Or. · 2026 · confidence medium
“Substantial evidence is ‘more than a mere scintilla but less than a preponderance; it is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.’” Hill v. Astrue, 698 F.3d 1153, 1159 (9th Cir. 2012) (quoting Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 1997)).
discussed Cited as authority (rule) Luz Maria Orozco v. Commissioner of Social Security
E.D. Cal. · 2025 · confidence medium
Stated differently, substantial evidence 20 equates to “more than a mere scintilla[,] but less than a preponderance.” Id. (quotation and citation 21 omitted). “[I]t is such relevant evidence as a reasonable mind might accept as adequate to support 22 a conclusion.” Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 1997) (quotation and citation 23 omitted).
discussed Cited as authority (rule) Bertha Fonseca v. Commissioner of Social Security
E.D. Cal. · 2025 · confidence medium
Stated differently, substantial evidence 19 equates to “more than a mere scintilla[,] but less than a preponderance.” Id. (quotation and citation 20 omitted). “[I]t is such relevant evidence as a reasonable mind might accept as adequate to support 21 a conclusion.” Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 1997) (quotation and citation 22 omitted).
discussed Cited as authority (rule) Manosh v. O' Malley (2×) also: Cited "see"
S.D. Cal. · 2025 · confidence medium
Substantial 7 evidence means “‘more than a mere scintilla but less than a preponderance; it is such 8 relevant evidence as a reasonable mind might accept as adequate to support a conclusion.’” 9 Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 1997) (quoting Andrews v. Shalala, 53 10 F.3d 1035 , 1039 (9th Cir. 1995)); see also Biestek v. Berryhill, 587 U.S. 97, 103 , 139 S. 11 Ct. 1148, 1154, 203 L.
discussed Cited as authority (rule) (SS) Razo v. Commissioner of Social Security
E.D. Cal. · 2025 · confidence medium
Stated differently, substantial evidence 12 equates to “more than a mere scintilla[,] but less than a preponderance.” (Id.) (quotation and 13 citation omitted). “[I]t is such relevant evidence as a reasonable mind might accept as adequate to 14 support a conclusion.” Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 1997) (quotation and 15 citation omitted).
discussed Cited as authority (rule) Hyde v. Commissioner Social Security Administration
D. Or. · 2025 · confidence medium
“Substantial evidence is ‘more than a mere scintilla but less than a preponderance; it is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.’” Hill v. Astrue, 698 F.3d 1153, 1159 (9th Cir. 2012) (quoting Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 1997)).
discussed Cited as authority (rule) Gay v. Kijakazi
D.D.C. · 2025 · signal: cf. · confidence medium
Cal. Aug. 20, 2015) (finding that the ALJ did not err in assigning reduced weight to a psychologist’s opinion because the psychologist had apparently relied on false information regarding the frequency of claimant’s previous psychiatric treatment); cf. Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 1997) (per curiam) (“Inasmuch as the ALJ found that [the claimant’s] self-reports were exaggerated, the ALJ determined that [the physician’s] report was unreliable as well.
discussed Cited as authority (rule) (SS) Harriss v. Commissioner of Social Security
E.D. Cal. · 2025 · confidence medium
Stated differently, substantial evidence 17 equates to “more than a mere scintilla[,] but less than a preponderance.” (Id.) (quotation and 18 citation omitted). “[I]t is such relevant evidence as a reasonable mind might accept as adequate to 19 support a conclusion.” Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 1997) (quotation and 20 citation omitted).
discussed Cited as authority (rule) Beach v. Commissioner Social Security Administration
D. Or. · 2025 · confidence medium
“Substantial evidence is ‘more than a mere scintilla but less than a preponderance; it is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.’” Hill v. Astrue, 698 F.3d 1153, 1159 (9th Cir. 2012) (quoting Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 1997)).
discussed Cited as authority (rule) Trevino o.b.o. KT v. Bisignano
E.D. Wash. · 2025 · confidence medium
Standard of Review 14 A district court’s review of the Commissioner’s final decision is 15 limited.23 The Commissioner’s decision is set aside “only if it is not 16 17 19 AR 27-29. 18 20 AR 29. 19 20 21 AR 22-23. 21 22 AR 185-187, 1-6. 22 23 42 U.S.C. § 405 (g). 23 1 supported by substantial evidence or is based on legal error.”24 2 Substantial evidence is “more than a mere scintilla but less than a 3 preponderance; it is such relevant evidence as a reasonable mind might 4 accept as adequate to support a conclusion.”25 Moreover, because it is 5 6 the role of the ALJ and not the …
discussed Cited as authority (rule) (SS) Alikah v. Commissioner of Social Security
E.D. Cal. · 2025 · confidence medium
“Substantial evidence” 27 means “relevant evidence that a reasonable mind might accept as adequate to support a 1 equates to “more than a mere scintilla[,] but less than a preponderance.” (Id.) (quotation and 2 citation omitted). “[I]t is such relevant evidence as a reasonable mind might accept as adequate to 3 support a conclusion.” Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 1997) (quotation and 4 citation omitted).
discussed Cited as authority (rule) Ober v. Commissioner of Social Security
S.D. Cal. · 2025 · confidence medium
Substantial 13 evidence means “‘more than a mere scintilla but less than a preponderance; it is such 14 relevant evidence as a reasonable mind might accept as adequate to support a conclusion.’” 15 Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 1997) (quoting Andrews v. Shalala, 53 16 F.3d 1035, 1039 (9th Cir. 1995)); see also Biestek v. Berryhill, 587 U.S. 97, 103 , 139 S. 17 Ct. 1148, 1154, 203 L.
discussed Cited as authority (rule) (SS) Yang v. Commissioner of Social Security
E.D. Cal. · 2025 · confidence medium
Stated differently, substantial evidence 22 equates to “more than a mere scintilla[,] but less than a preponderance.” (Id.) (quotation and 23 citation omitted). “[I]t is such relevant evidence as a reasonable mind might accept as adequate to 24 support a conclusion.” Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 1997) (quotation and 25 citation omitted).
discussed Cited as authority (rule) Rand v. Dudek
E.D. Wash. · 2025 · confidence medium
See 42 U.S.C. § 405 (g); 12 Molina v. Astrue, 674 F.3d 1104, 1115 (9th Cir. 2012) ), superseded on other 13 grounds by 20 C.F.R. § 416.920 (a) (recognizing that the court may not reverse an 14 ALJ decision due to a harmless error—one that “is inconsequential to the ultimate 15 nondisability determination”). 16 11 Hill, 698 F.3d at 1159 (quoting Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 17 1997)).
discussed Cited as authority (rule) Cardenas v. Dudek
E.D. Wash. · 2025 · confidence medium
As is explained below, the 7 Court concludes that the ALJ consequentially erred in her evaluation of the 8 medical opinion evidence. 9 10 11 12 13 14 15 16 14 Hill, 698 F.3d at 1159 (quoting Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 17 1997)).
discussed Cited as authority (rule) Solis v. Dudek
E.D. Wash. · 2025 · confidence medium
See 42 U.S.C. § 405 (g); 17 Molina v. Astrue, 674 F.3d 1104, 1115 (9th Cir. 2012), superseded on other grounds 18 by 20 C.F.R. § 416.920 (a) (recognizing that the court may not reverse an ALJ 19 decision due to a harmless error—one that “is inconsequential to the ultimate 20 nondisability determination”). 21 11 Hill, 698 F.3d at 1159 (quoting Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 22 1997)). 23 1 1.
discussed Cited as authority (rule) Lawton v. Dudek
E.D. Wash. · 2025 · confidence medium
The 12 13 by 20 C.F.R. § 416.920 (a) (recognizing that the court may not reverse an ALJ 14 decision due to a harmless error—one that “is inconsequential to the ultimate 15 nondisability determination”). 16 25 Hill, 698 F.3d at 1159 (quoting Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 17 1997)).
discussed Cited as authority (rule) Pakootas v. Dudek
E.D. Wash. · 2025 · confidence medium
As is 11 explained below, without a medical opinion, the ALJ failed to fully develop the 12 record, and Plaintiff is not foreclosed from arguing that the RFC is not supported 13 by substantial evidence. 14 15 16 58 Hill, 698 F.3d at 1159 (quoting Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 17 1997)).
discussed Cited as authority (rule) Stueckle v. Dudek
E.D. Wash. · 2025 · confidence medium
As is explained below, the Court 9 concludes that the ALJ consequentially erred at step two and erred in his 10 evaluation of the medical opinions of Dr. Stuart and Dr. Gade. 11 A. Step Two “new and material” evidence establishing severe 12 impairments: Plaintiff established consequential error. 13 Plaintiff contends the ALJ failed to properly consider the medical evidence 14 that established that Plaintiff’s reproductive impairments and related anemia are 15 16 47 Hill, 698 F.3d at 1159 (quoting Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 17 1997)).
examined Cited as authority (rule) Oviedo-Lopez v. Kijakazi (3×) also: Cited "see", Cited "see, e.g."
S.D. Cal. · 2025 · confidence medium
Substantial evidence 12 means “‘more than a mere scintilla but less than a preponderance; it is such relevant 13 evidence as a reasonable mind might accept as adequate to support a conclusion.’” 14 Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 1997) (quoting Andrews v. Shalala, 53 15 F.3d 1035, 1039 (9th Cir. 1995)); see also Biestek v. Berryhill, 587 U.S. 97, 103 , 139 S. 16 Ct. 1148, 1154, 203 L.
discussed Cited as authority (rule) Torres v. King
E.D. Wash. · 2025 · confidence medium
The parties also disagree as to 10 11 ALJ decision due to a harmless error—one that “is inconsequential to the ultimate 12 nondisability determination”). 13 20 Hill, 698 F.3d at 1159 (quoting Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 14 1997)).
discussed Cited as authority (rule) Forbes v. King
E.D. Wash. · 2025 · confidence medium
See 42 U.S.C. § 405 (g); 12 Molina v. Astrue, 674 F.3d 1104, 1115 (9th Cir. 2012) ), superseded on other 13 grounds by 20 C.F.R. § 416.920 (a) (recognizing that the court may not reverse an 14 ALJ decision due to a harmless error—one that “is inconsequential to the ultimate 15 nondisability determination”). 16 27 Hill, 698 F.3d at 1159 (quoting Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 17 1997)).
cited Cited as authority (rule) Herrington v. O'Malley
D. Nev. · 2025 · confidence medium
Sandgathe v. Chater, 3 108 F.3d 978, 980 (9th Cir. 1997).4 4 B.
cited Cited as authority (rule) Daniel v. Colvin
D. Nev. · 2025 · confidence medium
Sandgathe v. Chater, 108 F.3d 978, 980 (9th 9 Cir. 1997).4 Given the applicable harmless error analysis, this waiver alone dooms Plaintiff’s 10 appeal.
discussed Cited as authority (rule) Schultz v. Colvin
E.D. Wash. · 2024 · confidence medium
She argues 6 the ALJ erred when evaluating the medical opinions and that the ALJ also erred in 7 her assessment of Plaintiff’s testimony.56 As is explained below, the Court 8 9 10 54 Molina v. Astrue, 674 F.3d 1104, 1115 (9th Cir. 2012), superseded on other 11 grounds by 20 C.F.R. § 416.920 (a) (recognizing that the court may not reverse an 12 ALJ decision due to a harmless error—one that “is inconsequential to the ultimate 13 nondisability determination”). 14 55 Hill, 698 F.3d at 1159 (quoting Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 15 1997)).
discussed Cited as authority (rule) Jackson v. Colvin
E.D. Wash. · 2024 · confidence medium
See 42 U.S.C. § 405 (g); 16 Molina v. Astrue, 674 F.3d 1104, 1115 (9th Cir. 2012) ), superseded on other 17 grounds by 20 C.F.R. § 416.920 (a). 18 12 Hill, 698 F.3d at 1159 (quoting Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 19 1997)).
discussed Cited as authority (rule) Grundy v. O'Malley
E.D. Wash. · 2024 · confidence medium
See 42 U.S.C. § 405 (g); 12 Molina v. Astrue, 674 F.3d 1104, 1115 (9th Cir. 2012) ), superseded on other 13 grounds by 20 C.F.R. § 416.920 (a) (recognizing that the court may not reverse an 14 ALJ decision due to a harmless error—one that “is inconsequential to the ultimate 15 nondisability determination”). 16 30 Hill, 698 F.3d at 1159 (quoting Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 17 1997)).
discussed Cited as authority (rule) Rios v. O'Malley
E.D. Wash. · 2024 · confidence medium
See 42 U.S.C. § 405 (g); 14 Molina v. Astrue, 674 F.3d 1104, 1115 (9th Cir. 2012) ), superseded on other 15 grounds by 20 C.F.R. § 416.920 (a) (recognizing that the court may not reverse an 16 ALJ decision due to a harmless error—one that “is inconsequential to the ultimate 17 nondisability determination”). 18 35 Hill, 698 F.3d at 1159 (quoting Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 19 1997)).
discussed Cited as authority (rule) Cross v. Commissioner Social Security Administration
D. Or. · 2024 · confidence medium
“Substantial evidence is ‘more than a mere scintilla but less than a preponderance; it is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.’” Hill v. Astrue, 698 F.3d 1153, 1159 (9th Cir. 2012) (quoting Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 1997)).
discussed Cited as authority (rule) Bray v. O'Malley
E.D. Wash. · 2024 · confidence medium
As is explained below, the Court concludes that 9 the ALJ consequentially erred in his evaluation of the medical opinion evidence. 10 A. Medical Opinion: Plaintiff establishes consequential error 11 Plaintiff argues the ALJ erred in his evaluation of the medical opinions of 12 Dr. Genthe regarding Plaintiff’s mental impairments and his evaluation of the 13 14 ALJ decision due to a harmless error—one that “is inconsequential to the ultimate 15 nondisability determination”). 16 43 Hill, 698 F.3d at 1159 (quoting Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 17 1997)).
discussed Cited as authority (rule) Gessel v. O'Malley
E.D. Wash. · 2024 · confidence medium
He 6 argues the ALJ erred at Step Three by failing to develop the medical record, erred 7 in rejecting Plaintiff’s subjective complaints, and erred in failing to conduct an 8 adequate analysis at Steps Four and Five.49 The Commissioner counter-argues 9 that the ALJ fully and fairly developed the record and asserts that the duty to 10 11 47 Molina v. Astrue, 674 F.3d 1104, 1115 (9th Cir. 2012) ), superseded on other 12 grounds by 20 C.F.R. §§ 404.1520 (a), 416.920(a), (recognizing that the court may 13 not reverse an ALJ decision due to a harmless error—one that “is inconsequential 14 t…
discussed Cited as authority (rule) Malcomb v. O'Malley
E.D. Wash. · 2024 · confidence medium
See 42 U.S.C. § 405 (g); 12 Molina v. Astrue, 674 F.3d 1104, 1115 (9th Cir. 2012) ), superseded on other 13 grounds by 20 C.F.R. § 416.920 (a) (recognizing that the court may not reverse an 14 ALJ decision due to a harmless error—one that “is inconsequential to the ultimate 15 nondisability determination”). 16 11 Hill, 698 F.3d at 1159 (quoting Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 17 1997)).
discussed Cited as authority (rule) (SS) Mortera v. Commissioner of Social Security (2×) also: Cited "see, e.g."
E.D. Cal. · 2024 · confidence medium
Sandgathe 2 v. Chater, 108 F.3d 978, 980-81 (9th Cir. 1997); Nethercutt v. Comm’r of Soc.
discussed Cited as authority (rule) Bergeron v. Commissioner Social Security Administration
D. Or. · 2024 · confidence medium
“Substantial evidence is ‘more than a mere scintilla but less than a preponderance; it is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.’” Hill v. Astrue, 698 F.3d 1153, 1159 (9th Cir. 2012) (quoting Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 1997)).
discussed Cited as authority (rule) Larsen v. O'Malley
E.D. Wash. · 2024 · confidence medium
As is explained below, the Court concludes that the ALJ’s 13 14 ALJ decision due to a harmless error—one that “is inconsequential to the ultimate 15 nondisability determination”). 16 41 Hill, 698 F.3d at 1159 (quoting Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 17 1997)).
discussed Cited as authority (rule) Salinas-Gonzalez v. O'Malley
E.D. Wash. · 2024 · confidence medium
As is discussed 14 below, the ALJ did not provide a rationale clear enough to convince the Court that 15 16 15 Hill, 698 F.3d at 1159 (quoting Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 17 1997)).
discussed Cited as authority (rule) Brain v. O'Malley
E.D. Wash. · 2024 · confidence medium
See 42 U.S.C. § 405 (g); 12 Molina v. Astrue, 674 F.3d 1104, 1115 (9th Cir. 2012) ), superseded on other 13 grounds by 20 C.F.R. § 416.920 (a) (recognizing that the court may not reverse an 14 ALJ decision due to a harmless error—one that “is inconsequential to the ultimate 15 nondisability determination”). 16 21 Hill, 698 F.3d at 1159 (quoting Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 17 1997)).
discussed Cited as authority (rule) Valladares v. O'Malley
E.D. Wash. · 2024 · confidence medium
See 42 U.S.C. § 405 (g); 15 Molina v. Astrue, 674 F.3d 1104, 1115 (9th Cir. 2012), superseded on other grounds 16 by 20 C.F.R. § 416.920 (a) (recognizing that the court may not reverse an ALJ 17 decision due to a harmless error—one that “is inconsequential to the ultimate 18 nondisability determination”). 19 37 Hill, 698 F.3d at 1159 (quoting Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 20 1997)).
discussed Cited as authority (rule) Michael Wayne Howard v. Commissioner of Social Security
C.D. Cal. · 2024 · confidence medium
“Substantial evidence is ‘more than a mere scintilla but less than a 7 preponderance; it is such relevant evidence as a reasonable mind might accept as adequate to 8 support a conclusion.’” Hill v. Astrue, 698 F.3d 1153, 1159 (9th Cir. 2010) (quoting Sandgathe 9 v. Chater, 108 F.3d 978, 980 (9th Cir. 1997)); see also Biestek v. Berryhill, 139 S. Ct. 1148 , 10 1154 (2019) (internal quotation omitted).
discussed Cited as authority (rule) Brindamour v. O'Malley
E.D. Wash. · 2024 · confidence medium
See 42 U.S.C. § 405 (g); 16 Molina v. Astrue, 674 F.3d 1104, 1115 (9th Cir. 2012) ), superseded on other 17 grounds by 20 C.F.R. § 416.920 (a) (recognizing that the court may not reverse an 18 ALJ decision due to a harmless error—one that “is inconsequential to the ultimate 19 nondisability determination”). 20 31 Hill, 698 F.3d at 1159 (quoting Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 21 1997)).
discussed Cited as authority (rule) Crook v. O'Malley
E.D. Wash. · 2024 · confidence medium
Because the ALJ consequentially erred by not 11 12 13 grounds by 20 C.F.R. § 416.920 (a) (recognizing that the court may not reverse an 14 ALJ decision due to a harmless error—one that “is inconsequential to the ultimate 15 nondisability determination”). 16 19 Hill, 698 F.3d at 1159 (quoting Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 17 1997)).
discussed Cited as authority (rule) Anderson v. Kijakazi
S.D. Cal. · 2024 · confidence medium
Substantial evidence means “‘more than a mere scintilla but less 17 than a preponderance; it is such relevant evidence as a reasonable mind might accept as 18 adequate to support a conclusion.’” Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 19 1997) (quoting Andrews v. Shalala, 53 F.3d 1035, 1039 (9th Cir. 1995)); see also Biestek 20 v. Berryhill, 587 U.S. ----, ----, 139 S. Ct. 1148, 1154 , 203 L.
discussed Cited as authority (rule) Adams v. Kijakazi
S.D. Cal. · 2024 · confidence medium
Substantial evidence means “‘more than a mere scintilla but less 23 than a preponderance; it is such relevant evidence as a reasonable mind might accept as 24 adequate to support a conclusion.’” Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 25 1997) (quoting Andrews v. Shalala, 53 F.3d 1035, 1039 (9th Cir. 1995)); see also Biestek 26 v. Berryhill, 587 U.S. ----, ----, 139 S. Ct. 1148, 1154 , 203 L.
discussed Cited as authority (rule) Connie Pardini v. Martin O'Malley
9th Cir. · 2024 · confidence medium
“Substantial evidence is ‘more than a mere scintilla but less than a preponderance; it is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.’” Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 1997) (quoting Andrews v. Shalala, 53 F.3d 1035, 1039 (9th Cir. 1995)). 1.
discussed Cited as authority (rule) Rowe v. Commissioner Social Security Administration
D. Or. · 2024 · confidence medium
“Substantial evidence is ‘more than a mere scintilla but less than a preponderance; it is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.’” Hill v. Astrue, 698 F.3d 1153, 1159 (9th Cir. 2012) (quoting Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 1997)).
discussed Cited as authority (rule) Seely v. O'Malley
E.D. Wash. · 2024 · confidence medium
See 42 U.S.C. § 405 (g); 17 Molina v. Astrue, 674 F.3d 1104, 1115 (9th Cir. 2012) ), superseded on other 18 grounds by 20 C.F.R. § 416.920 (a) (recognizing that the court may not reverse an 19 ALJ decision due to a harmless error—one that “is inconsequential to the ultimate 20 nondisability determination”). 21 19 Hill, 698 F.3d at 1159 (quoting Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 22 1997)).
Retrieving the full opinion text from the archive…
52 soc.sec.rep.ser. 827, unempl.ins.rep. (Cch) P 15688b, 97 Cal. Daily Op. Serv. 1874, 97 Daily Journal D.A.R. 3493 Joseph Sandgathe
v.
Shirley S. Chater, Commissioner of Social Security
94-35757.
Court of Appeals for the Ninth Circuit.
Mar 13, 1997.
108 F.3d 978
Cited by 1 opinion  |  Published

108 F.3d 978

52 Soc.Sec.Rep.Ser. 827, Unempl.Ins.Rep. (CCH) P 15688B,
97 Cal. Daily Op. Serv. 1874,
97 Daily Journal D.A.R. 3493
Joseph SANDGATHE, Plaintiff-Appellant,
v.
Shirley S. CHATER, Commissioner of Social Security,
Defendant-Appellee.

No. 94-35757.

United States Court of Appeals,
Ninth Circuit.

Submitted Oct. 20, 1995.[*]
Memorandum Jan. 8, 1996.
Order and Opinion March 13, 1997.

Ralph Wilborn, Ralph Wilborn and Etta L. Wilborn, Eugene, OR, for plaintiff-appellant.

Richard H. Wetmore, Assistant Regional Counsel, Department of Health and Human Services, Seattle, WA, for defendant-appellee.

Appeal from the United States District Court for the District of Oregon, James A. Redden, District Judge, Presiding. D.C. No. CV-93-01228-JAR.

Before: WALLACE, D. W. NELSON, and BRUNETTI, Circuit Judges.

ORDER

The Memorandum disposition filed January 8, 1996, is redesignated as a per curiam opinion.

OPINION

PER CURIAM:

[*~978]1

Joseph Sandgathe appeals from a district court judgment affirming a final decision of the Commissioner of the Social Security Administration (Commissioner), which denied him disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401-406. The district court had jurisdiction under 42 U.S.C. § 405(g). We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291, and we affirm.

[*~980]2

We review the judgment of the district court de novo. Ramirez v. Shalala, 8 F.3d 1449, 1451 (9th Cir.1993). The district court properly affirms the Commissioner's decision denying benefits if it is supported by substantial evidence and based on the application of correct legal standards. Andrews v. Shalala, 53 F.3d 1035, 1039 (9th Cir.1995). Substantial evidence is "more than a mere scintilla but less than a preponderance; it is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Id. "To determine whether substantial evidence supports the ALJ's decision, we review the administrative record as a whole, weighing both the evidence that supports and that which detracts from the ALJ's conclusion." Id. "[W]here the evidence is susceptible to more than one rational interpretation," we must uphold the Commissioner's decision. Id. at 1039-40.

3

The administrative law judge (ALJ) concluded that Sandgathe is not disabled because he can perform certain light and sedentary work existing in the national economy. Sandgathe argues that the ALJ (1) improperly discredited Sandgathe's arguments that he suffered chronic pain; (2) improperly rejected the medical opinion of a treating physician in favor of a medical consultant's opinion; and (3) applied improper legal standards in concluding that Sandgathe is not disabled. Sandgathe failed to raise the first argument before the district court. We therefore address only the second and third arguments here. Singleton v. Wulff, 428 U.S. 106, 120, 96 S.Ct. 2868, 2877, 49 L.Ed.2d 826 (1976); Matney v. Sullivan, 981 F.2d 1016, 1019 (9th Cir.1992).

4

Sandgathe argues that the ALJ should have adopted the testimony of Dr. Hayes, a treating physician, to determine Sandgathe's mental residual functioning capacity. Dr. Hayes testified that Sandgathe was "markedly limited" in his ability to maintain attention and concentration for extended periods, complete a normal work day or week, and cooperate with supervisors. Dr. Moser, a medical consultant called to testify by the Commissioner, largely agreed with Dr. Hayes, but she rated Sandgathe's abilities as only "moderately limited."

[*~980]5

Although "more weight is given to a treating physician's opinion than to the opinion of a nontreating physician," the ALJ may reject controverted testimony of a treating physician if he has specific and legitimate reasons supported by substantial evidence. Andrews, 53 F.3d at 1040-41 (citing Magallanes v. Bowen, 881 F.2d 747, 751, 755 (9th Cir.1989)). "Reports of consultative physicians called in by the [Commissioner] may serve as substantial evidence." Id.

6

Dr. Moser testified that "certain of [Sandgathe's] limitations identified in Dr. Hayes' report were attributable to unspecified physical problems." Dr. Hayes' report rested on Sandgathe's self-reporting of the extent of his physical ailments. Inasmuch as the ALJ found that Sandgathe's self-reports were exaggerated, the ALJ determined that Dr. Hayes' report was unreliable as well. Thus, the ALJ concluded that Dr. Moser's testimony was more reliable. This conclusion is supported by the record, which indicates that Sandgathe's psychological problems may have been volitional or affected by his physical impairments. Thus, the ALJ's reliance on Dr. Moser's testimony was based on substantial evidence.

7

Sandgathe also argues that Social Security Ruling (SSR) 85-15 provides the proper legal standard for determining whether he is disabled, and that under SSR 85-15 he is entitled to benefits based on his alleged mental limitations. SSR 85-15 states that benefits may be awarded where a claimant suffers from a "substantial loss" of the abilities "to understand, carry out, and remember simple instructions; to respond appropriately to supervision, coworkers, and usual work situations; and to deal with changes in a routine work setting." SSR 85-15 at 94 (Cum.Ed.1985). SSR 85-15, however, "provides guidance only for cases in which the claimant asserts 'solely nonexertional impairments.' " Roberts v. Shalala, 66 F.3d 179, 183 (9th Cir.1995) (quoting SSR 85-15 at 92), cert. denied, --- U.S. ----, 116 S.Ct. 1356, 134 L.Ed.2d 524 (1996). Sandgathe asserts that his impairments limit, among other things, his abilities to sit and lift, which are exertional limitations. See SSR 83-10 at 178 (Cum.Ed.1983) (defining exertional activity to include sitting and lifting). SSR 85-15 therefore does not apply.

8

All other arguments of Sandgathe are rejected.

9

AFFIRMED.

*

The panel unanimously finds this case suitable for decision without oral argument. Fed.R.App.P. 34(a) and Ninth Circuit Rule 34-4