48 soc.sec.rep.ser. 402, unempl.ins.rep. (Cch) P 14695b, 95 Cal. Daily Op. Serv. 5531, 95 Daily Journal D.A.R. 9436 Epigmenio Moncada v. Shirley S. Chater, Comm'r of Soc. Sec., 60 F.3d 521 (9th Cir. 1995). · Go Syfert
48 soc.sec.rep.ser. 402, unempl.ins.rep. (Cch) P 14695b, 95 Cal. Daily Op. Serv. 5531, 95 Daily Journal D.A.R. 9436 Epigmenio Moncada v. Shirley S. Chater, Comm'r of Soc. Sec., 60 F.3d 521 (9th Cir. 1995). Cases Citing This Book View Copy Cite
284 citation events (223 in the last 25 years) across 12 distinct courts.
Strongest positive: Allison K. Davis v. Martin O'Malley (cacd, 2025-09-30)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) Allison K. Davis v. Martin O'Malley
C.D. Cal. · 2025 · confidence medium
The decision will be disturbed only if it is not supported by substantial 19 evidence, or if it is based upon the application of improper legal standards. 20 Moncada v. Chater, 60 F.3d 521, 523 (9th Cir. 1995) (per curiam). 21 “Substantial evidence” means “‘more than a mere scintilla.’” Biestek v. 22 Berryhill, 587 U.S. 97, 103 (2019) (citation omitted).
discussed Cited as authority (rule) Debi L. Smith v. Martin O'Malley
C.D. Cal. · 2025 · confidence medium
The decision will be disturbed only if it is not supported by substantial 16 evidence, or if it is based upon the application of improper legal standards. 17 Moncada v. Chater, 60 F.3d 521, 523 (9th Cir. 1995) (per curiam). 18 “Substantial evidence” means “‘more than a mere scintilla.’” Biestek v. Berryhill, 587 U.S. 97, 103 (2019) (citation omitted).
discussed Cited as authority (rule) Stella Kenny v. Martin J. OMalley
C.D. Cal. · 2025 · confidence medium
The decision will be disturbed only if it is not supported by substantial 15 evidence, or if it is based upon the application of improper legal standards. 16 Moncada v. Chater, 60 F.3d 521, 523 (9th Cir. 1995) (per curiam). 17 “Substantial evidence” means “‘more than a mere scintilla.’” Biestek v. 18 Berryhill, 587 U.S. 97, 103 (2019) (citation omitted).
discussed Cited as authority (rule) Shawn Lloydell Barrett v. Martin OMalley
C.D. Cal. · 2025 · confidence medium
The decision will be disturbed only if it is not supported by substantial 24 evidence, or if it is based upon the application of improper legal standards. 25 Moncada v. Chater, 60 F.3d 521, 523 (9th Cir. 1995) (per curiam). 26 “Substantial evidence” means “‘more than a mere scintilla.’” Biestek v. 27 Berryhill, 587 U.S. 97, 103 (2019) (citation omitted).
discussed Cited as authority (rule) (SS) (PS) Cantrell v. Commissioner of Social Security
E.D. Cal. · 2025 · confidence medium
See Murry v. Apfel, 1999 U.S. 8 App. LEXIS 28911, 1, 9 (9th Cir. 1999) (holding that the Administrative Law Judge is not bound 9 by the DOT descriptions but can instead rely on the testimony of the vocational expert and own 10 findings specific to the individual plaintiff before the Administrative Law Judge); see also Tackett 11 v. Apfel, 180 F.3d 1094, 1101 (9th Cir. 1999); Moncada v. Chater, 60 F.3d 521, 524 (9th Cir. 12 1995); Distasio v. Shalala, 47 F.3d 348, 350 (9th Cir. 1995); Barker v. Secretary of Health and 13 Human Svcs., 882 F.2d 1474 , 1478 n.1 (9th Cir. 1989); Terry v. Sullivan, …
discussed Cited as authority (rule) Steven Ahearn v. Carolyn Colvin
9th Cir. · 2024 · confidence medium
See Burch v. Barnhart, 400 F.3d 676, 680 (9th Cir. 2005) (upholding ALJ’s judgment when evidence could point in either direction and ALJ found claimant was “quite functional” and could care for her own personal needs, cook, clean, shop, and interact with others); Moncada v. Chater, 60 F.3d 521, 524 (9th Cir. 1995) (affirming ALJ’s decision to discredit subjective symptom testimony based on 5 23-35572 reasons similar to those in this case, including inconsistency with claimant’s activities of daily living).
examined Cited as authority (rule) Gisler v. Commissioner of Social Security Administration (3×) also: Cited "see, e.g."
D. Ariz. · 2024 · confidence medium
See e.g., 12 || Gutierrez, 740 F.3d at 529 (finding 25,000 jobs across two occupations to be significant); || see also Moncado, 60 F.3d at 524 (examining total number of jobs nationally across all occupations identified by the vocational experts).
discussed Cited as authority (rule) Mann v. Kijakazi
N.D. Cal. · 2023 · confidence medium
Substantial evidence is defined as “more than a mere scintilla but less than a 25 preponderance—it is such relevant evidence that a reasonable mind might accept as adequate to 26 support the conclusion.” Moncada v. Chater, 60 F.3d 521, 523 (9th Cir. 1995).
discussed Cited as authority (rule) Cervantes v. Saul
S.D. Cal. · 2023 · confidence medium
May 26 make change for patrons at places of amusement other than gambling establishments and be designated Change-Booth Cashier (amuse. & rec.). 27 DOT 211.462-010, 1991 WL 671840 . 28 1 in the region where such individual lives or in several regions of the country”); see also 2 Moore v. Apfel, 216 F.3d 864, 869 (9th Cir. 2000) (finding that the VE’s testimony that 3 there were 7,700 regional and 125,000 national jobs available “was substantial evidence 4 to support the finding of the ALJ that [claimant] was not disabled); Moncada v. Chater, 5 60 F.3d 521, 524 (9th Cir. 1995) (finding th…
discussed Cited as authority (rule) Garcia v. Commissioner of Social Security Administration
D. Ariz. · 2023 · confidence medium
Here, the ALJ identified inconsistencies between 12 Plaintiff’s testimony and (1) his treatment records and (2) the medical-opinion evidence. 13 See id. at 497–98 (holding the ALJ properly relied on inconsistencies between the 14 claimant’s testimony and treatment records); Moncada v. Chater, 60 F.3d 521, 524 (9th 15 Cir. 1995) (per curiam) (holding the ALJ properly relied on an inconsistency between the 16 claimant’s testimony and a medical opinion).
discussed Cited as authority (rule) Kendall v. Commissioner of Social Security Administration
D. Ariz. · 2023 · confidence medium
Moncada v. Chater, 60 F.3d 521, 523 (9th Cir. 1995). 3 Although the ALJ found that Plaintiff’s right hip osteoarthritis and cervical stenosis 4 constitute severe impairments, she determined these “impairments, considered singly and 5 in combination, do not meet or medically equal the criteria of listing 1.00, or any other 6 listing.” (R. at 36.) The ALJ provided no further analysis or discussion of the pertinent 7 evidence.
discussed Cited as authority (rule) Agne v. Kijakazi
D. Idaho · 2023 · confidence medium
(Dkt. 21 at 11-12.) The Ninth Circuit has continuously held that the Court’s role in reviewing the ALJ’s decision is to “see if the ALJ’s conclusions are supported by substantial evidence,” not to “retry the case or alter credibility determinations and factual findings where the evidence is susceptible to more than one rational interpretation.” Moncada v. Chater, 60 F.3d 521, 524-25 (9th Cir. 1995).
discussed Cited as authority (rule) Laverne v. Saul
N.D. Cal. · 2023 · confidence medium
Substantial evidence is defined as “more than a mere scintilla but less than a 13 preponderance—it is such relevant evidence that a reasonable mind might accept as adequate to 14 support the conclusion.” Moncada v. Chater, 60 F.3d 521, 523 (9th Cir. 1995).
discussed Cited as authority (rule) Wandick v. Commissioner of Social Security
W.D. Wash. · 2023 · confidence medium
Accordingly, the Court concludes the ALJ’s determination that significant 7 numbers of jobs exist in the national economy is supported by substantial evidence. 8 See Gutierrez, 740 F.3d at 521 (25,000 jobs nationally is significant); Moncada v. 9 Chater, 60 F.3d 521, 524 (9th Cir. 1995) (concluding 64,000 jobs nationally is 10 significant). 11 Next, plaintiff argues that the jobs identified by the ALJ were “inappropriate for 12 someone with the combination of plaintiff’s severe and non-severe limitations.” Dkt. 13 13 at 5.
discussed Cited as authority (rule) (SS) Pender v. Commissioner of Social Security
E.D. Cal. · 2022 · confidence medium
See Murry v. Apfel, 1999 U.S. App. 26 LEXIS 28911 , 1, 9 (9th Cir. 1999) (holding that the Administrative Law Judge is not bound by 27 the DOT descriptions but can instead rely on the testimony of the vocational expert and own 28 findings specific to the individual plaintiff before the Administrative Law Judge); see also Tackett 1 v. Apfel, 180 F.3d 1094, 1101 (9th Cir. 1999) (holding that the ALJ can rely on vocational 2 expert’s testimony as to (1) the jobs a claimant can work in given the limitations and residual 3 functional capacity and (2) the availability of these jobs on a national s…
discussed Cited as authority (rule) Alvaro G Montero v. Andrew M. Saul
C.D. Cal. · 2022 · confidence medium
Moncada v. Chater, 17 60 F.3d 521, 523 (9th Cir. 1995) (per curiam). 18 “Substantial evidence” means “‘more than a mere scintilla.’” Biestek v. Berryhill, 19 139 S. Ct. 1148, 1154 (2019) (citation omitted).
cited Cited as authority (rule) Hultman v. Commissioner of Social Security Administration
D. Ariz. · 2022 · confidence medium
Moncada 2 v. Chater, 60 F.3d 521, 523 (9th Cir. 1995).
discussed Cited as authority (rule) Kirker v. Saul
S.D. Cal. · 2022 · confidence medium
The ALJ may cite medical opinions as 3 || specific, clear and convincing reasons to reject Plaintiffs subjective allegations of pain. 4 || See Moncada v. Chater, 60 F.3d 521, 524 (9th Cir. 1995) (ALJ’s reliance on medical 5 || opinion as to plaintiff's ability to perform sedentary work is a specific reason to discredit 6 plaintiff 5 subjective allegation of pain); see also Skuja v. Colvin, 671 F. App’x 463 , 464— 7 65 (9th Cir. 2016) (ALJ’s finding of inconsistencies between plaintiff's symptom 8 testimony and opinions of several medical examiners is a clear and convincing reason to 9 …
cited Cited as authority (rule) Kinsey v. Saul
S.D. Cal. · 2021 · confidence medium
Admin., 119 F.3d 789 , 792 (9th Cir. 1997); Thomas, 278 F.3d at 958–59; 3 Moncada v. Chater, 60 F.3d 521, 524 (9th Cir. 1995) (quoting Orteza v. Shalala, 50 F.3d 4 748, 749–50 (9th Cir. 1995)).
discussed Cited as authority (rule) Larsen v. Kijakazi
N.D. Cal. · 2021 · confidence medium
Substantial evidence is defined as “more than a mere scintilla but less than a 2 preponderance—it is such relevant evidence that a reasonable mind might accept as adequate to 3 support the conclusion.” Moncada v. Chater, 60 F.3d 521, 523 (9th Cir. 1995) (per curiam).
discussed Cited as authority (rule) Timmy Max Cunningham v. Andrew Saul
C.D. Cal. · 2021 · confidence medium
Moncada v. Chater, 60 F.3d 521, 523 (9th Cir. 1995) (per curiam); 17 Drouin v. Sullivan, 966 F.2d 1255, 1257 (9th Cir. 1992). 18 “Substantial evidence” means “more than a mere scintilla but less than a 19 preponderance – it is such relevant evidence that a reasonable mind might accept as 20 adequate to support the conclusion.” Moncada, 60 F.3d at 523 .
discussed Cited as authority (rule) Randal Alonzo De La O v. Andrew M. Saul
C.D. Cal. · 2021 · confidence medium
Moncada v. Chater, 60 F.3d 521, 523 (9th Cir. 1995) (per curiam); 16 Drouin v. Sullivan, 966 F.2d 1255, 1257 (9th Cir. 1992). 17 “Substantial evidence” means “more than a mere scintilla but less than a 18 preponderance – it is such relevant evidence that a reasonable mind might accept as 19 adequate to support the conclusion.” Moncada, 60 F.3d at 523 .
discussed Cited as authority (rule) Samuel Corona Santana v. Andrew M. Saul
C.D. Cal. · 2021 · confidence medium
Moncada v. Chater, 60 F.3d 521, 523 (9th Cir. 1995) (per curiam); 17 Drouin v. Sullivan, 966 F.2d 1255, 1257 (9th Cir. 1992). 18 “Substantial evidence” means “more than a mere scintilla but less than a 19 preponderance – it is such relevant evidence that a reasonable mind might accept as 20 adequate to support the conclusion.” Moncada, 60 F.3d at 523 .
discussed Cited as authority (rule) Ilda Antonia Olea v. Andrew Saul
C.D. Cal. · 2021 · confidence medium
Moncada v. Chater, 60 F.3d 521, 523 (9th Cir. 1995) (per curiam); 17 Drouin v. Sullivan, 966 F.2d 1255, 1257 (9th Cir. 1992). 18 “Substantial evidence” means “more than a mere scintilla but less than a 19 preponderance – it is such relevant evidence that a reasonable mind might accept as 20 adequate to support the conclusion.” Moncada, 60 F.3d at 523 .
discussed Cited as authority (rule) Antonio Rivas Buenrostro v. Andrew M. Saul
C.D. Cal. · 2021 · confidence medium
Moncada v. Chater, 60 F.3d 521, 523 (9th Cir. 1995) (per curiam); 16 Drouin v. Sullivan, 966 F.2d 1255, 1257 (9th Cir. 1992). 17 “Substantial evidence” means “more than a mere scintilla but less than a 18 preponderance – it is such relevant evidence that a reasonable mind might accept as 19 adequate to support the conclusion.” Moncada, 60 F.3d at 523 .
discussed Cited as authority (rule) Erika R. Sanders v. Andrew Saul
C.D. Cal. · 2021 · confidence medium
Moncada v. Chater, 60 F.3d 521, 523 (9th Cir. 1995) (per curiam); 17 Drouin v. Sullivan, 966 F.2d 1255, 1257 (9th Cir. 1992). 18 “Substantial evidence” means “more than a mere scintilla but less than a 19 preponderance – it is such relevant evidence that a reasonable mind might accept as 20 adequate to support the conclusion.” Moncada, 60 F.3d at 523 .
discussed Cited as authority (rule) Stacy Marie Savala v. Andrew Saul
C.D. Cal. · 2021 · confidence medium
Moncada v. Chater, 60 F.3d 521, 523 (9th Cir. 1995) (per curiam); 17 Drouin v. Sullivan, 966 F.2d 1255, 1257 (9th Cir. 1992). 18 “Substantial evidence” means “more than a mere scintilla but less than a 19 preponderance – it is such relevant evidence that a reasonable mind might accept as 20 adequate to support the conclusion.” Moncada, 60 F.3d at 523 .
discussed Cited as authority (rule) Kittridge v. Commissioner of Social Security Administration
D. Ariz. · 2021 · confidence medium
(Id.) 10 In order to be considered disabled per se under a listed impairment, a claimant must 11 meet all the specified medical criteria in the listing. 20 C.F.R. § 404.1520 (d); Moncada v. 12 Chater, 60 F.3d 521, 523 (9th Cir. 1995).
discussed Cited as authority (rule) Berman v. Saul
N.D. Cal. · 2021 · confidence medium
See Thomas v. Barnhart, 278 F.3d 947, 960 (9th Cir. 2002) (1,300 jobs in 14 Oregon region and 622,000 in the national economy are significant); Moore v. Apfel, 216 F.3d 15 864, 869 (9th Cir. 2000) (7,700 regional and 125,000 national jobs are significant); Moncada v. 16 Chater, 60 F.3d 521, 524 (9th Cir. 1995) (2,300 jobs in San Diego County and 64,000 jobs 17 nationwide are significant).
cited Cited as authority (rule) Tomasello v. Commissioner of Social Security
N.D. Cal. · 2021 · confidence medium
Admin., 169 F.3d 595, 599 (9th Cir. 1999); Moncada v. 27 Chater, 60 F.3d 521, 523 (9th Cir. 1995).
discussed Cited as authority (rule) Joyce Anna Austin v. Andrew Saul
C.D. Cal. · 2021 · confidence medium
Moncada v. Chater, 60 F.3d 521, 523 (9th Cir. 1995) (per curiam); 20 Drouin v. Sullivan, 966 F.2d 1255, 1257 (9th Cir. 1992). 21 “Substantial evidence” means “more than a mere scintilla but less than a 22 preponderance – it is such relevant evidence that a reasonable mind might accept as 23 adequate to support the conclusion.” Moncada, 60 F.3d at 523 .
discussed Cited as authority (rule) Rene Z. Mendez v. Andrew Saul
C.D. Cal. · 2021 · confidence medium
Moncada v. Chater, 60 F.3d 521, 523 (9th Cir. 1995) (per curiam); 17 Drouin v. Sullivan, 966 F.2d 1255, 1257 (9th Cir. 1992). 18 “Substantial evidence” means “more than a mere scintilla but less than a 19 preponderance – it is such relevant evidence that a reasonable mind might accept as 20 adequate to support the conclusion.” Moncada, 60 F.3d at 523 .
discussed Cited as authority (rule) Mariko Ghaninejad Esfahani v. Andrew Saul
C.D. Cal. · 2021 · confidence medium
Moncada v. Chater, 60 F.3d 521, 523 (9th Cir. 1995) (per curiam); 17 Drouin v. Sullivan, 966 F.2d 1255, 1257 (9th Cir. 1992). 18 “Substantial evidence” means “more than a mere scintilla but less than a 19 preponderance – it is such relevant evidence that a reasonable mind might accept as 20 adequate to support the conclusion.” Moncada, 60 F.3d at 523 .
discussed Cited as authority (rule) (SS) Reeves v. Commissioner of Social Security
E.D. Cal. · 2021 · confidence medium
See Stubbs-Danielson v. Astrue, 539 F.3d 1169, 1175 (9th Cir. 2008) (“In addition, the 7 medical evidence, including Dr. Eather’s report and Dr. Neville’s report—which both found 8 [claimant] could perform a limited range of work—support the ALJ’s credibility 9 determination.”); Kallenbach v. Berryhill, 766 F. App’x 518 , 521 (9th Cir. 2019) (“The ALJ 10 provided specific, clear, and convincing reasons for discounting Kallenbach’s testimony, 11 including inconsistencies between Kallenbach’s allegations of impairment and his medical 12 treatment records, inconsistencies be…
discussed Cited as authority (rule) Irma Yolanda Casillas v. Andrew Saul
C.D. Cal. · 2021 · confidence medium
Moncada v. Chater, 60 F.3d 521, 523 (9th Cir. 1995) (per curiam); 17 Drouin v. Sullivan, 966 F.2d 1255, 1257 (9th Cir. 1992). 18 “Substantial evidence” means “more than a mere scintilla but less than a 19 preponderance – it is such relevant evidence that a reasonable mind might accept as 20 adequate to support the conclusion.” Moncada, 60 F.3d at 523 .
discussed Cited as authority (rule) Rahim Rachman Davis v. Andrew Saul
C.D. Cal. · 2021 · confidence medium
Moncada v. Chater, 60 F.3d 521, 523 (9th Cir. 1995) (per curiam); 16 Drouin v. Sullivan, 966 F.2d 1255, 1257 (9th Cir. 1992). 17 “Substantial evidence” means “more than a mere scintilla but less than a 18 preponderance – it is such relevant evidence that a reasonable mind might accept as 19 adequate to support the conclusion.” Moncada, 60 F.3d at 523 .
discussed Cited as authority (rule) Andres Noriega v. Commissioner of Social Security
C.D. Cal. · 2021 · confidence medium
Moncada v. Chater, 60 F.3d 521, 523 (9th Cir. 1995) (per curiam); 16 Drouin v. Sullivan, 966 F.2d 1255, 1257 (9th Cir. 1992). 17 “Substantial evidence” means “more than a mere scintilla but less than a 18 preponderance – it is such relevant evidence that a reasonable mind might accept as 19 adequate to support the conclusion.” Moncada, 60 F.3d at 523 .
discussed Cited as authority (rule) Esparza v. Commissioner of Social Security Administration
D. Ariz. · 2021 · confidence medium
(Id. at 15–16.) 8 In order to be considered disabled per se under a listed impairment, a claimant must 9 meet all the specified medical criteria in the listing. 20 C.F.R. § 404.1520 (d); Moncada v. 10 Chater, 60 F.3d 521, 523 (9th Cir. 1995).
discussed Cited as authority (rule) (SS) Moreno v. Commissioner of Social Security
E.D. Cal. · 2021 · confidence medium
See Kallenbach v. Berryhill, 766 15 F. App’x 518 , 521 (9th Cir. 2019) (“The ALJ provided specific, clear, and convincing reasons 16 for discounting Kallenbach’s testimony, including inconsistencies between Kallenbach’s 17 allegations of impairment and his medical treatment records, inconsistencies between the 18 medical opinion evidence and Kallenbach’s testimony, and Kallenbach’s failure to seek and 19 adhere to prescribed treatment.”); Lake v. Colvin, 633 F. App’x 414, 415 (9th Cir. 2016) (“The 20 ALJ provided specific, clear, and convincing reasons for the credibility ass…
discussed Cited as authority (rule) Socorro Aide Rodriguez v. Andrew Saul
C.D. Cal. · 2020 · confidence medium
See 20 C.F.R. § 416.929 (c)(4) (conflicts between a claimant’s 22 statements and statements by medical sources are considered in evaluating subjective 23 complaints); see also Stubbs-Danielson v. Astrue, 539 F.3d 1169, 1175 (9th Cir. 2008) 24 (finding that the medical evidence, including the opinions of two physicians that a 1 claimant could work, supported the ALJ’s credibility determination); Moncada v. 2 Chater, 60 F.3d 521, 524 (9th Cir. 1995) (an ALJ may consider physician opinions that 3 claimant could work, which contradict claimant’s assertion to the contrary).
cited Cited as authority (rule) Roscioli v. Saul
N.D. Cal. · 2020 · confidence medium
Admin., 169 F.3d 595, 599 (9th Cir. 1999); Moncada v. 16 Chater, 60 F.3d 521, 523 (9th Cir. 1995).
discussed Cited as authority (rule) Charlene Renae Mooring v. Nancy A. Berryhill
C.D. Cal. · 2020 · confidence medium
Moncada v. 19 Chater, 60 F.3d 521, 523 (9th Cir. 1995) (per curiam); Drouin v. Sullivan, 966 F.2d 20 1255, 1257 (9th Cir. 1992). 21 “Substantial evidence” means “more than a mere scintilla but less than a 22 23 3 Plaintiff’s name has been partially redacted in compliance with Fed.
discussed Cited as authority (rule) Richard Ryan Ketring v. Nancy A. Berryhill
C.D. Cal. · 2020 · confidence medium
Moncada v. Chater, 60 F.3d 521, 523 (9th Cir. 1995) (per curiam); 17 Drouin v. Sullivan, 966 F.2d 1255, 1257 (9th Cir. 1992). 18 “Substantial evidence” means “more than a mere scintilla but less than a 19 preponderance – it is such relevant evidence that a reasonable mind might accept as 20 adequate to support the conclusion.” Moncada, 60 F.3d at 523 .
discussed Cited as authority (rule) Herlinda Colosimo v. Nancy A. Berryhill
C.D. Cal. · 2020 · confidence medium
Moncada v. Chater, 60 F.3d 521, 523 (9th Cir. 1995) (per curiam); 17 Drouin v. Sullivan, 966 F.2d 1255, 1257 (9th Cir. 1992). 18 “Substantial evidence” means “more than a mere scintilla but less than a 19 preponderance – it is such relevant evidence that a reasonable mind might accept as 20 adequate to support the conclusion.” Moncada, 60 F.3d at 523 .
cited Cited as authority (rule) Ojeda v. Berryhill
N.D. Cal. · 2020 · confidence medium
Admin., 169 F.3d 595, 599 (9th Cir. 1999); Moncada v. 24 Chater, 60 F.3d 521, 523 (9th Cir. 1995).
cited Cited as authority (rule) Aronovsky v. Berryhill
N.D. Cal. · 2020 · confidence medium
Admin., 169 F.3d 595, 599 (9th Cir. 1999); Moncada v. 6 Chater, 60 F.3d 521, 523 (9th Cir. 1995).
discussed Cited as authority (rule) Shaun Eric Haynes v. Nancy A. Berryhill
C.D. Cal. · 2020 · confidence medium
See also Stubbs-Danielson v. Astrue, 539 F.3d 1169 , 1175 22 (9th Cir. 2008) (finding that the medical evidence, including the opinions of two physicians that a claimant could work, supported the ALJ’s credibility determination); 23 Moncada v. Chater, 60 F.3d 521, 524 (9th Cir. 1995) (an ALJ may consider physician opinions that claimant could work, which contradict claimant’s assertion to the 24 contrary). 1 The ALJ properly considered how consistent Plaintiff’s subjective symptom 2 statements were with this objective medical evidence. 20 C.F.R. § 404.1529 (c)(2).
cited Cited as authority (rule) Kentaya Laresa Jenkins v. Commissioner of Social Security
N.D. Cal. · 2020 · confidence medium
Admin., 169 F.3d 595, 599 (9th Cir. 1999); Moncada v. 11 Chater, 60 F.3d 521, 523 (9th Cir. 1995).
discussed Cited as authority (rule) Delia Perez v. Nancy A. Berryhill
C.D. Cal. · 2020 · confidence medium
See Stubbs-Danielson v. Astrue, 539 F.3d 1169, 1175 (9th Cir. 9 2008) (finding that the medical evidence, including the opinions of two physicians that 10 a claimant could work, supported the ALJ’s credibility determination); Moncada v. 11 Chater, 60 F.3d 521, 524 (9th Cir. 1995) (an ALJ may consider physician opinions that 12 claimant could work, which contradict claimant’s assertion to the contrary).
cited Cited as authority (rule) Tabor v. Berryhill
N.D. Cal. · 2020 · confidence medium
Admin., 169 F.3d 595, 599 (9th Cir. 1999); Moncada v. 14 Chater, 60 F.3d 521, 523 (9th Cir. 1995).
Retrieving the full opinion text from the archive…
48 soc.sec.rep.ser. 402, unempl.ins.rep. (Cch) P 14695b, 95 Cal. Daily Op. Serv. 5531, 95 Daily Journal D.A.R. 9436 Epigmenio Moncada
v.
Shirley S. Chater, Commissioner of Social Security
94-55110.
Court of Appeals for the Ninth Circuit.
Jul 18, 1995.
60 F.3d 521
Published

60 F.3d 521

48 Soc.Sec.Rep.Ser. 402, Unempl.Ins.Rep. (CCH) P 14695B,
95 Cal. Daily Op. Serv. 5531,
95 Daily Journal D.A.R. 9436
Epigmenio MONCADA, Plaintiff-Appellant,
v.
Shirley S. CHATER, Commissioner of Social Security,
Defendant-Appellee.

No. 94-55110.

United States Court of Appeals,
Ninth Circuit.

Submitted June 8, 1995[*].
Memorandum Filed June 12, 1995.
Order and Opinion Filed July 18, 1995.

Henry N. Ernecoff, Ernecoff & Roche, San Diego, CA, for plaintiff-appellant.

Michael R. Power, Asst. Regional Counsel, San Francisco, CA, for defendant-appellee.

Appeal from the United States District Court for the Southern District of California.

Before: WALLACE, Chief Judge, KOZINSKI and RYMER, Circuit Judges.

ORDER

The memorandum disposition filed June 12, 1995, is redesignated as a per curiam opinion.

OPINION

PER CURIAM:

[*~521]1

Moncada appeals the district court's summary judgment affirming the decision of the Secretary of Health and Human Services (Secretary) denying Moncada's application for disability insurance benefits. The district court had jurisdiction pursuant to 42 U.S.C. Sec. 405(g). We have jurisdiction over this timely appeal pursuant to 28 U.S.C. Sec. 1291. We affirm.

2

The district court's summary judgment is reviewed de novo. Drouin v. Sullivan, 966 F.2d 1255, 1257 (9th Cir.1992). We must affirm if we determine that substantial evidence supports the findings of the administrative law judge (ALJ) and that the ALJ applied the correct legal standards. Magallanes v. Bowen, 881 F.2d 747, 750 (9th Cir.1989). Substantial evidence is more than a mere scintilla but less than a preponderance--it is such relevant evidence that a reasonable mind might accept as adequate to support the conclusion. Id. We look at the record as a whole. Id. Where evidence is susceptible to more than one rational interpretation, the decision of the ALJ must be upheld. Id.

3

Moncada first argues that the ALJ erred by concluding that Moncada's impairment did not make him disabled within the meaning of section 1.05(C) of the Listing of Impairments, 20 C.F.R. Part 404, Subpart P, Appendix 1 (1994). That section provides that a person is disabled if he has a herniated nucleus pulposus "with the following persisting for at least 3 months despite prescribed therapy and expected to last 12 months ... (1) Pain, muscle spasm, and significant limitation of motion in the spine; and (2) Appropriate radicular distribution of significant motor loss with muscle weakness and sensory and reflex loss."

[*~522]4

The Secretary does not deny that Moncada had a herniated nucleus pulposus. However, the ALJ specifically determined that Moncada "does not have any impairment or combination of impairments" that would make him disabled under Subpart P, Appendix 1 of the relevant regulation. That finding is supported by substantial evidence. Dr. Kurland, one of Moncada's treating physicians, reported that in December 1988 Moncada "will probably do fairly well if he is able to do a lighter type of work activity." In addition, examinations by Dr. Anand, in February and November of 1991, show that while Moncada may have had pain in his lower back resulting in some numbness in his legs, his hips, knees, and ankles had a "normal range of motion." Furthermore, Moncada was "not participating in any vocational rehabilitation program" between the February and November examinations. The ALJ could credit these reports. See Andrews v. Shalala, 53 F.3d 1035, 1040-42 (9th Cir.1995) (discussing ability of ALJ to credit or discredit opinions of treating and nontreating physicians). The medical evidence here supports the determination that Moncada was not disabled under the relevant regulation.

5

Moncada next argues that the ALJ's credibility determinations relating to Moncada's claims of excessive pain are not supported by substantial evidence.

6

Once a claimant produces medical evidence of an underlying impairment which is reasonably likely to be the cause of some pain, the ALJ may not discredit a claimant's testimony of pain ... solely because the degree of pain alleged ... is not supported by objective medical evidence.... [T]he ALJ cannot reject testimony of pain without making findings sufficiently specific to permit the reviewing court to conclude that the ALJ did not arbitrarily discredit the claimant's testimony. Factors that the adjudicator may consider when making such credibility determinations include the claimant's daily activities, inconsistencies in testimony, effectiveness or adverse side effects of any pain medication, and relevant character evidence.

7

Orteza v. Shalala, 50 F.3d 748, 749-50 (9th Cir.1995) (Orteza ) (internal quotations and citations omitted).

8

The ALJ gave specific reasons for discrediting Moncada's testimony of excessive pain. Among those reasons were that Dr. Anand believed that Moncada could do sedentary work, that Moncada said that he uses pain medication infrequently, and that Moncada's testimony about his daily living activities were much more limited than those reported in a disability report completed by him prior to his testimony. These specific reasons for rejecting Moncada's claims of excessive pain were valid. See id. (examination of initial disability application for inconsistencies with testimony, reliance on doctor report, and fact that no prescription pain medication was used by claimant were sufficient to support ALJ's discrediting complaints of pain).

9

Moncada next argues that the ALJ did not consider the combined impact of Moncada's exertional and nonexertional impairments, as required by 42 U.S.C. Sec. 423(d)(2)(B). The ALJ did find that Moncada was limited by his herniated disc, which resulted in a holding that he could perform only sedentary work. The ALJ found that Moncada's right lower extremity could not be repeatedly used. Moncada argues, however, that the ALJ did not consider "the degree of pain Mr. Moncada alleges." However, as we have concluded above, the ALJ had specific reasons for rejecting Moncada's claims of excessive pain. There are no other factors pointed out by Moncada that the ALJ failed to consider when determining whether Moncada could perform sedentary work.

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Moncada also argues that based on the hypothetical question to the vocational expert, the jobs chosen for Moncada (i.e. a grader/sorter, sedentary assembly worker, production inspector, and food preparation worker) were inappropriate because (1) several of these jobs, as defined by the Dictionary of Occupational Titles (DOT), require a strength of more than sedentary work and (2) the total number of these jobs are insignificant.

11

The fact that some jobs listed by the vocational expert as sedentary are also listed as "light" work in the DOT is irrelevant. Vocational experts "can testify whether particular applicants for disability benefits would be able to perform subcategories of jobs within the DOT." Distasio v. Shalala, 47 F.3d 348, 350 (9th Cir.1995); see also Barker v. Secretary of Health and Human Svcs., 882 F.2d 1474, 1478 n. 1 (9th Cir.1989) (Barker ) (vocational expert can testify as to jobs which he described as light work even though same category of job was listed in DOT as requiring medium work). Because vocational experts discuss more specific jobs than the general category of job found in the DOT, that the DOT has other jobs which also fall into the general "category" of work that Moncada is able to perform is of no moment.

12

Moncada also argues that these jobs are not available in significant numbers. According to the vocational expert, over 2,300 of these sedentary jobs exist in San Diego County and 64,000 exist nationwide. Such jobs exist in significant numbers within the region so as to meet the requirements of 42 U.S.C. Sec. 423(d)(2)(A). Barker, 882 F.2d at 1478-79 (concluding that 1,266 jobs are within the parameters of section 423(d)(2)(A)).

13

Finally, Moncada argues that the district court made statements at the October 4, 1993, hearing that showed that the court was partial to Moncada's claim. The relevance of such remarks are not, however, grounds for ruling in Moncada's favor. At the November 8, 1993, hearing, the district court denied the appeal, stating: "This Court is not the trier of the case." We agree with that statement. To the extent we perform de novo review of the district court's summary judgment ruling, we, like the district court, examine the record to see if the ALJ's conclusions are supported by substantial evidence. We do not retry the case or alter credibility determinations and factual findings where the evidence is susceptible of more than one rational interpretation. Orteza, 50 F.3d at 749.

[*~524]14

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