Roberts v. Comm'r of the Soc. Sec. Admin., 644 F.3d 931 (9th Cir. 2011). · Go Syfert
Roberts v. Comm'r of the Soc. Sec. Admin., 644 F.3d 931 (9th Cir. 2011). Cases Citing This Book View Copy Cite
48 citation events (48 in the last 25 years) across 14 distinct courts.
Strongest positive: Claycomb v. Kijakazi (akd, 2021-11-04)
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011 2018 2026
Top citers, strongest first. 27 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Claycomb v. Kijakazi
D. Alaska · 2021 · quote attribution · 1 verbatim quote · confidence high
hallex . . . does not carry the force of law and is not binding upon the agency. therefore, we do not review allegations of non-compliance with its provisions.
discussed Cited as authority (verbatim quote) Majors v. Saul
D. Alaska · 2021 · quote attribution · 1 verbatim quote · confidence high
hallex . . . does not carry the force of law and is not binding upon the agency. therefore, we do not review allegations of non-compliance with its provisions.
discussed Cited as authority (quoted) Hornsby v. O'Malley
D. Alaska · 2023 · quote attribution · 1 verbatim quote · confidence low
hallex . . . does not carry the force of law and is not binding upon the agency. therefore, we do not review allegations of non-compliance with its provisions.
discussed Cited as authority (quoted) Mills v. Kijakazi
D. Alaska · 2022 · quote attribution · 1 verbatim quote · confidence low
hallex . . . does not carry the force of law and is not binding upon the agency. therefore, we do not review allegations of non-compliance with its provisions.
discussed Cited as authority (rule) Jacqulynn Patricia Powell v. Commissioner of Social Security (2×) also: Cited "see"
E.D. Cal. · 2025 · confidence medium
Admin., 644 F.3d 931, 933 (9th Cir. 2011) (citing 42 U.S.C. § 406 (c)).
discussed Cited as authority (rule) May v. Commissioner Social Security Administration (2×) also: Cited "see, e.g."
D. Or. · 2025 · confidence medium
Admin., 644 F.3d 931, 933 (9th Cir. 2011) (per curiam).
discussed Cited as authority (rule) (SS) Pennington v. Commissioner of Social Security (2×) also: Cited "see"
E.D. Cal. · 2024 · confidence medium
Admin., 644 F.3d 931, 933 (9th Cir. 2011) (per curiam) 14 (quoting 42 U.S.C. § 406 (c); 20 C.F.R. § 404.1706 ). 15 The Court finds the agency and ALJ’s advisements satisfied the obligation under the 16 Social Security Act regarding the right to representation.
discussed Cited as authority (rule) Pardini v. Kijakazi
N.D. Cal. · 2023 · confidence medium
Admin., 644 F.3d 931, 934 (9th Cir. 2011). 20 Here, the record clearly establishes that Plaintiff received a hearing acknowledgement 21 letter which set forth the right to representation and included the other required disclosures.
cited Cited as authority (rule) Recinos v. Commissioner of Social Security
W.D. Wash. · 2023 · confidence medium
Admin., 644 F.3d 931, 932-934 (9th Cir. 2011); 18 Jozefyk v. Berryhill, 923 F.3d 492, 495-497 (7th Cir. 2019); Vidal v. Harris, 637 F.2d 19 710, 714 (9th Cir. 1981); 42 U.S.C. § 406 (c).
cited Cited as authority (rule) (SS) See v. Commissioner of Social Security
E.D. Cal. · 2023 · confidence medium
Sec. 23 Admin., 644 F.3d 931, 933-34 (9th Cir. 2011); Moreno v. Comm’r of Soc.
discussed Cited as authority (rule) (SS) Moreno v. Commissioner of Social Security (2×)
E.D. Cal. · 2023 · confidence medium
Admin., 644 F.3d 931, 933 (9th Cir. 2011) (internal citations and 27 quotation marks omitted).
discussed Cited as authority (rule) Joseph Pellegrini v. Kilolo Kijakazi (2×)
C.D. Cal. · 2022 · confidence medium
Roberts v. Comm’r of the SSA, 644 F.3d 931, 934 (9th 3 Cir. 2011).
discussed Cited as authority (rule) Hall v. Commissioner Social Security Administration
D. Or. · 2022 · confidence medium
Admin., 644 F.3d 931, 933 (9th Cir. 2011) (declining to “review allegations of non-compliance” of a similarly nonbinding agency manual) (internal quotation marks omitted).
discussed Cited as authority (rule) (SS) Chavez Alvarez v. Commissioner of Social Security
E.D. Cal. · 2021 · confidence medium
Admin., 644 F.3d 931, 933-34 (9th Cir. 2011) (holding that Commissioner discharges duty to provide claimants with information about counsel by providing in writing the 28 information specified by 42 U.S.C. § 406 (c)). 1 The medical opinion of a claimant’s treating physician is given “controlling weight” so long as it “is well-supported by medically acceptable clinical and 2 laboratory diagnostic techniques and is not inconsistent with the other substantial evidence in [the claimant’s] case record.” 20 C.F.R. § 404.1527 (c)(2).
discussed Cited as authority (rule) Donna Citizen v. Andrew Saul
9th Cir. · 2020 · confidence medium
Admin., 644 F.3d 931, 934 (9th Cir. 2011) (per curiam) (agency satisfied its duty to inform pro se claimant of his statutory right to representation at a hearing by sending written notices that explained that right).
cited Cited as authority (rule) Wilks v. Saul
W.D.N.C. · 2020 · confidence medium
App’x 853, 859 (3rd Cir. 2007); Roberts v. Comm’r of the SSA, 644 F.3d 931, 933 (9th Cir. 2011) (stating that HALLEX is not binding on the Agency).
cited Cited as authority (rule) Harmon v. Saul
D. Mont. · 2020 · confidence medium
Sec., 644 F.3d 931, 934 (9th Cir. 2011).
discussed Cited as authority (rule) Elmore v. Commissioner Social Security Administration (2×)
D. Or. · 2020 · confidence medium
Admin., 644 F.3d 931, 933 (9th Cir. 2011)); Roberts, 644 F.3d at 933 (declining to review the claimant’s argument because the HALLEX “does not ‘carry the force of law and [is] not binding upon the agency’”) (quoting Parra v. Astrue, 481 F.3d 742, 749 (9th Cir. 2007)); Lockwood, 616 F.3d at 1072 (explaining that the “HALLEX does not impose judicially enforceable duties on either the ALJ or this court”); see also Nabis-Smith v. Berryhill, No. 6:16-cv-01915-JR, 2018 WL 3404057 , at *6 (D.
cited Cited as authority (rule) Shaw v. Berryhill
S.D. Cal. · 2020 · confidence medium
Admin., 644 F.3d 931, 933 (9th Cir. 2011) and 14 Lockwood v. Comm’r Soc.
discussed Cited as authority (rule) Martinez v. Berryhill
D. Idaho · 2019 · confidence medium
Sec., 644 F.3d 931, 933 (9th Cir. 2011) (internal citations omitted) (a reviewing court will not “review allegations of non-compliance with [HALLEX’s] provisions.”); Lowry v. Barnhart, 329 F.3d 1019, 1024 (9th Cir. 2003) (HALLEX is not binding authority and does not “impose judicially enforceable duties.”).
discussed Cited as authority (rule) Kimberlee Wilson v. Nancy Berryhill
9th Cir. · 2018 · confidence medium
Admin., 644 F.3d 931, 933 (9th Cir. 2011) (concluding that HALLEX does not carry the force of law and therefore we do not review allegations of non-compliance with it) (internal citations and quotations omitted).
cited Cited as authority (rule) Bari E. Martz v. Commissioner, Social Security Administration
11th Cir. · 2016 · confidence medium
Admin., 644 F.3d 931, 933 (9th Cir.2011) (stating that the HAL-LEX is not binding authority).
discussed Cited as authority (rule) Dustin Whitten v. Carolyn Colvin
9th Cir. · 2016 · confidence medium
Admin., 644 F.3d 931, 933 (9th Cir.2011) (per curiam) (noting that the agency’s HALLEX manual does not “carry the force of law and is not binding upon the agency” (quoting Parra v. Astrue, 481 F.3d 742, 749 (9th Cir.2007))).
cited Cited as authority (rule) Moore v. Astrue
N.D. Ill. · 2012 · confidence medium
Admin., 644 F.3d 931, 933-34 (9th Cir.2011). .
discussed Cited "see" Deuschel v. Commissioner of Social Security Administration
9th Cir. · 2013 · signal: see · confidence high
See Roberts v. Commissioner, 644 F.3d 931, 933 (9th Cir.2011) (indicating that the *719 agency’s Hallex manual “does not carry the force of law and is not binding upon the agency”) (quoting Parra v. Astrue, 481 F.3d 742, 749 (9th Cir.2007)); Carillo-Yeras v. Astrue, 671 F.3d 731, 735 (9th Cir.2011) (indicating that the agency’s Poms manual “does not impose judicially enforceable duties on either this court or the ALJ”) (quoting Lockwood v. Comm’r Soc.
discussed Cited "see, e.g." (SS) Buethe v. Commissioner of Social Security
E.D. Cal. · 2021 · signal: see also · confidence low
M., 2020 WL 2079288 (finding the ALJ 9 failed to “link purportedly inconsistent evidence with the discounted medical opinion,” relying on 10 Magallanes, 881 F.2d 747 for the proposition that an ALJ must provide a detailed and thorough 11 summary of conflicting evidence, and an interpretation and findings thereon); see also Roberts v. 12 Comm’r, 644 F.3d 931 , 934 (9th Cir. 2011) (noting that “social security hearings are not meant to 13 be adversarial in nature[.]”).
discussed Cited "see, e.g." Summers v. Commissioner Social Security Administration
D. Or. · 2020 · signal: see also · confidence medium
See also Roberts v. Comm’r, 644 F.3d 931, 933 (9th Cir. 2011)(the HALLEX “does not carry the force of law and [is] not binding upon the agency”)(quotation omitted)); Lockwood, 616 F.3d at 1072 (the “HALLEX does not impose judicially enforceable duties on either the ALJ or this court”); Nabis-Smith v. Berryhill, No. 6:16-cv-01915-JR, 2018 WL 3404057 , at *6 (D.
Retrieving the full opinion text from the archive…
Kenneth David ROBERTS, Plaintiff-Appellant,
v.
COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, Defendant-Appellee
10-35512.
Court of Appeals for the Ninth Circuit.
May 24, 2011.
644 F.3d 931
Tim Wilbom, Oregon City, OR, for the plaintiff-appellant., Daphne Banay, Assistant Regional Counsel, Social Security Administration, Seattle, WA, for the defendant-appellee.
Tashima, Bea, Ikuta.
Cited by 30 opinions  |  Published
1 passages pin-cited by 2 cases
Pinpoint authority: bottom 75%
Citer courts: D. Alaska (2)

OPINION

PER CURIAM:

Kenneth David Roberts (“Roberts”) applied for Supplemental Security Income disability benefits on October 17, 2005, alleging disability due to a combination of impairments that included bilateral carpal tunnel syndrome, degenerative disc disease, Hepatitis C, and hearing loss. After his application was denied initially and upon reconsideration, Roberts received a hearing before an administrative law judge (“ALJ”). The ALJ determined that Roberts suffered from severe carpal tunnel syndrome, degenerative disc disease, and hearing loss, but found that he was able to perform jobs that existed in significant numbers in the national economy; hence, that he was not disabled. The district court affirmed the ALJ’s decision. Roberts now appeals, contending, inter alia, that his waiver of his right to representation at his hearing before the ALJ was invalid. We affirm. [1]

Roberts was represented by counsel in the initial stages of his agency ap[*933] peal. However, his counsel withdrew prior to his hearing before the ALJ. Roberts therefore was unrepresented at the hearing. He argues that the ALJ erred by failing to make sure he had sufficient information to make a decision regarding representation at the hearing and that this failure affected the outcome of his agency appeal.

The Commissioner of the Social Security Administration (“Commissioner”) is required by statute to “notify each claimant in writing ... of the options for obtaining attorneys to represent individuals in presenting their cases before the Commissioner....” This notification must “also advise the claimant of the availability to qualifying claimants of legal services organizations which provide legal services free of charge.” 42 U.S.C. § 406(c); see also 20 C.F.R. § 404.1706. Roberts does not contend that this statutory requirement was not met here, nor would he have any basis for doing so. The Notice of Disapproved Claim that he received after the initial denial of his claim and the Notice of Reconsideration that he received after denial on reconsideration both state that “you can have a friend, lawyer or someone else” help with the appeal and that “[t]here are groups that can ... give you free legal services if you qualify.” These notices also mention the possibility of hiring an attorney on a contingency basis and refer claimants to their local Social Security office for a list of groups that can help with the appeal.

Instead, Roberts contends that the ALJ was required to give him additional information on the value of having an attorney, and his options for securing one. He relies on two sources for this argument. One is the Commissioner’s Hearings, Appeals and Litigation Law Manual (“HALLEX”), which states that the ALJ “should ensure on the record” that an unrepresented claimant “has been properly advised of the right to representation and ... is capable of making an informed choice about representation,” and goes on to list several questions that an ALJ may wish to ask the claimant in order to accomplish this. HALLEX 1-2-6-52. HALLEX, however, does not “carry the force of law and [is] not binding upon the agency.” Parra v. Astrue, 481 F.3d 742, 749 (9th Cir.2007). Therefore, we do not “review allegations of non-compliance with [its] provisions.” Id.

The other authority on which Robert relies is Thompson v. Sullivan, 933 F.2d 581 (7th Cir.1991). There, the Seventh Circuit held that the agency erred even though the claimant had received a notice of hearing stating that he had the right to be represented by an attorney, explaining the ways in which an attorney could help him at the hearing, noting the possibility of free or contingency-based representation, and listing organizations which could help him locate an attorney. Id. at 584. The ALJ had allowed the claimant to proceed with the hearing without representation despite the fact that the claimant had made comments at the outset suggesting that he had decided to do so because he believed his inability to pay would prevent him from obtaining an attorney. Id. at 585. The Seventh Circuit concluded that the ALJ had erred by failing “to fully discuss the benefits of legal representation or the possibility of contingency arrangements.” Id. The Fifth and Eleventh Circuits also have imposed disclosure requirements on the Commissioner that go beyond those currently required by 42 U.S.C. § 406(c). See Edwards v. Sullivan, 937 F.2d 580, 585-86 (11th Cir.1991) (holding that the Commissioner is required to inform claimants that contingency fees are limited by statute to twenty-five percent of awarded benefits); Clark v. Schweiker, 652 F.2d 399, 403-04 (5th Cir.1981) (holding that the Commissioner[*934] is required to inform claimants that free legal representation may be available).

The enhanced disclosure requirements set forth in Thompson have never been adopted by this court. The Second Circuit recently elected not to adopt such requirements. See Lamay v. Comm’r of Soc. Sec., 562 F.3d 503, 508 (2d Cir.2009). That court noted that the major appellate cases adopting enhanced disclosure requirements all predate the 1991 effective date of the current version of § 406(c), which mandates a more limited written disclosure to accompany the notice of an adverse decision. It concluded that the requirements of § 406(c) “supplanted prior judicially-created standards,” and thus that “the statutory requirements are all that we can apply.” Id. The court also noted that social security hearings are not meant to be adversarial in nature and that the ALJ’s duty to explore for relevant facts is heightened in cases involving pro se claimants; therefore, “the limited, yet clear, requirements for notification enacted by Congress seem both sensible and likely adequate.” Id. at 508-09.

We agree with the reasoning of the Second Circuit in Lamay and therefore hold that no disclosure is required, other than the disclosure required by § 406(c). Because the § 406(c) disclosure requirements were met in this ease, there was no agency error. Accordingly, the judgment of the district court, affirming the Commissioner’s decision, is AFFIRMED.

1

. In this opinion, we address only Roberts' contention regarding his waiver of representation at the hearing. We address Roberts' remaining contentions in a memorandum disposition filed concurrently with this opinion.