Vincent v. Heckler, 739 F.2d 1393 (9th Cir. 1984). · Go Syfert
Vincent v. Heckler, 739 F.2d 1393 (9th Cir. 1984). Cases Citing This Book View Copy Cite
G Cite
cited 2× by 2 distinct cases, 2010–2020 · 2 courts · …after-the-fact psychiatric diagnoses are notoriously unreliable. at p. 1395
863 citation events (790 in the last 25 years) across 26 distinct courts.
Strongest positive: Velvet Lovette Jackson King v. Kilolo Kijakazi (cacd, 2023-08-04) · Strongest negative: Garcia v. Commissioner Social Security Administration (ord, 2022-10-11)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
cited Cited "but see" Garcia v. Commissioner Social Security Administration
D. Or. · 2022 · signal: but see · confidence high
But see Vincent v. Heckler, 739 F.2d 1393, 1394-95 (9th Cir. 1984) (ALJ “must explain why significant probative evidence has been rejected”); see also Morgan v. Comm’r of.
discussed Cited "but see" Logan v. Bowen
D. Ariz. · 1989 · signal: but see · confidence high
But see Vincent v. Heckler, 739 F.2d 1393 , 1395 (9th Cir.1984) (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 some instances, it is not the equivalent of ‘medically acceptable ... diagnostic techniques’ that are ordinarily relied upon to establish a disability”).
discussed Cited as authority (verbatim quote) Velvet Lovette Jackson King v. Kilolo Kijakazi
C.D. Cal. · 2023 · quote attribution · 1 verbatim quote · confidence high
must explain why "significant probative evidence has been 6 rejected
examined Cited as authority (verbatim quote) (SS) Stevens v. Commissioner of Social Security (2×) also: Cited as authority (quoted)
E.D. Cal. · 2022 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
only disabilities existing before can trigger insurance 2 benefits.
discussed Cited as authority (verbatim quote) Pierre O. Redd v. Kilolo Kijakazi (2×) also: Cited "see"
C.D. Cal. · 2022 · quote attribution · 1 verbatim quote · confidence high
the alj 11 properly discounted lay testimony that conflicted with the available medical 12 evidence.
discussed Cited as authority (verbatim quote) (SS) Hammonds v. Commissioner of Social Security (2×) also: Cited as authority (rule)
E.D. Cal. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
an alj 5 must explain why he has rejected uncontroverted medical evidence.
discussed Cited as authority (verbatim quote) Stephenson v. Commissioner Social Security Administration
D. Or. · 2020 · quote attribution · 1 verbatim quote · confidence high
after-the-fact psychiatric diagnoses are notoriously unreliable.
discussed Cited as authority (verbatim quote) Evertz v. Commissioner Social Security Administration
D. Or. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
after- the-fact psychiatric diagnoses are notoriously unreliable.
discussed Cited as authority (verbatim quote) Carina Moore Topazio v. Nancy A. Berryhill
C.D. Cal. · 2020 · quote attribution · 1 verbatim quote · confidence high
the alj properly discounted lay testimony that conflicted with the 26 available medical evidence.
discussed Cited as authority (verbatim quote) Butcher v. Saul (2×) also: Cited "see"
S.D. Cal. · 2019 · quote attribution · 1 verbatim quote · confidence high
after-the-fact psychiatric 6 diagnoses are notoriously unreliable.
discussed Cited as authority (quoted) Martin Neely v. Martin O'Malley (2×) also: Cited as authority (rule)
C.D. Cal. · 2025 · quote attribution · 1 verbatim quote · confidence low
the alj properly discounted lay testimony that conflicted with the 3 available medical evidence.
discussed Cited as authority (quoted) April J. Michles v. Nancy A. Berryhill
C.D. Cal. · 2021 · quote attribution · 1 verbatim quote · confidence low
the alj properly discounted lay witness testimony 27 that conflicted with the available medical evidence.
discussed Cited as authority (quoted) (SS) Linville Jr. v. Commissioner of Social Security
E.D. Cal. · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence low
aljs "need not discuss all evidence presented to . rather, must explain 2 why significant probative evidence has been rejected.
discussed Cited as authority (quoted) (SS)Parrott v. Commissioner of Social Security
E.D. Cal. · 2019 · signal: see also · quote attribution · 1 verbatim quote · confidence low
aljs "need not discuss all 15 evidence presented to . rather, must explain why significant probative evidence has 16 been rejected.
discussed Cited as authority (quoted) Aranda v. Commissioner Social Security Administration (2×) also: Cited "see"
9th Cir. · 2010 · signal: see · quote attribution · 1 verbatim quote · confidence high
after-the-fact psychiatric diagnoses are notoriously unreliable.
discussed Cited as authority (rule) Brenda M. v. Frank Bisignano, Commissioner of Social Security
C.D. Cal. · 2025 · confidence medium
Vincent v. Heckler, 739 F.2d 1393, 1394-95 (9th Cir. 1984)). 17 Evidence is significant or probative if a “reasonable ALJ, when fully crediting the 18 [evidence], could have reached a different disability determination.” Stout, 454 19 F.3d at 1056. 20 Here, it is not clear that Dr. Ghalambor’s treatment notes constitute 21 significant probative evidence of a permanent disability.
cited Cited as authority (rule) Phillips v. Bisignano
9th Cir. · 2025 · confidence medium
Lewis v. Apfel, 236 F.3d 503, 511 (9th Cir. 2001) (citing Vincent v. Heckler, 739 F.2d 1393, 1395 (9th Cir. 1984)). 5.
cited Cited as authority (rule) Shumate v. Bisignano
D. Alaska · 2025 · confidence medium
Admin., 466 F.3d 880, 883 (9th Cir. 2006); Vincent on Behalf of Vincent v. Heckler, 739 F.2d 1393, 1395 (9th Cir. 1984). 89 A.R. 160 . 90 A.R. 293–95, 321–23.
discussed Cited as authority (rule) Tucker v. O'Malley
D. Idaho · 2025 · confidence medium
Further, an ALJ “may not reject ‘significant probative evidence’ without explanation” and the “written decision must state reasons for disregarding [such] evidence.” Flores v. Shalala, 49 F.3d 562, 571 (9th Cir. 1995) (quoting Vincent v. Heckler, 739 F.2d 1393, 1395 (9th Cir. 1984)).
discussed Cited as authority (rule) Waldron v. Commissioner of Social Security
W.D. Wash. · 2025 · confidence medium
“ALJs ‘need not discuss all evidence presented to [them]. 18 Rather, [they] must explain why significant probative evidence has been rejected.’ ” 19 Diedrich v. Berryhill, 699 F. App'x 726, 726 (9th Cir. 2017) (quoting Vincent on Behalf of 20 Vincent v. Heckler, 739 F.2d 1393, 1394-95 (9th Cir. 1984)) (alterations in original).
discussed Cited as authority (rule) Jarman v. Commissioner of Social Security
W.D. Wash. · 2025 · confidence medium
Vincent v. Heckler, 739 F.2d 1393, 1395 (9th 7 Cir. 1984)); see also SSR 11-2p(I)(B) (evidence from family can be valuable in young adult 8 disability claim). 9 Defendant also argues any error in failing to assess the statement is harmless because the 10 statement is duplicative of Plaintiff’s subjective symptom testimony.
cited Cited as authority (rule) Venable v. O'Malley
D. Idaho · 2025 · confidence medium
It is unnecessary for the ALJ to “discuss all evidence presented.” Vincent on Behalf of Vincent v. Heckler, 739 F.2d 1393, 1394-95 (9th Cir. 1984) (citation omitted).
discussed Cited as authority (rule) Blohm v. Commissioner of Social Security
W.D. Wash. · 2025 · confidence medium
Under the 5 “significant probative evidence” standard, an ALJ is not required to discuss all evidence 6 presented, but “must explain why significant probative evidence has been rejected.” 7 Kilpatrick v. Kijakazi, 35 F.4th 1187, 1193 (9th Cir. 2022) (quoting Vincent ex rel. 8 Vincent v. Heckler, 739 F.2d 1393, 1394-95 (9th Cir. 1984)). 9 Here, the ALJ reviewed all relevant medical evidence and concluded the imaging 10 studies classified her condition as mild.
cited Cited as authority (rule) Cavin v. Bisignano
9th Cir. · 2025 · confidence medium
An ALJ must explain his decision to reject “significant probative evidence.” Vincent ex rel Vincent v. Heckler, 739 F.2d 1393, 1395 (9th Cir. 1984) (per curiam).
cited Cited as authority (rule) Watkins v. O'Malley
D. Nev. · 2025 · confidence medium
While the ALJ “need not discuss all evidence presented…[he] must explain why 9 ‘significant probative evidence has been rejected.’” Vincent v. Heckler, 739 F.2d 1393, 1394-95 (9th Cir. 10 1984).
discussed Cited as authority (rule) Scielzi v. Commissioner of Social Security
W.D. Wash. · 2025 · confidence medium
Vincent v. 20 Heckler, 739 F.2d 1393, 1395 (9th Cir. 1984) (an ALJ may not reject “significant probative 21 evidence” without explanation). 22 The ALJ here noted he had considered the third-party function reports and 23 correspondence submitted by Plaintiff’s partner and brother.
cited Cited as authority (rule) Draeger v. O'Malley
D. Nev. · 2025 · confidence medium
Vincent v. Heckler, 739 F.2d 1393, 1394-95 (9th Cir. 1984)). 2 Here, contrary to the Government’s position, Draeger did not need to ask the ALJ 3 to develop the record regarding mental impairments.
cited Cited as authority (rule) Myers v. O'Malley
D. Idaho · 2025 · confidence medium
It is unnecessary for the ALJ to “discuss all evidence presented.” Vincent on Behalf of Vincent v. Heckler, 739 F.2d 1393, 1394-95 (9th Cir. 1984) (citation omitted) (emphasis in original).
cited Cited as authority (rule) Higgins v. Commissioner of Social Security
D. Idaho · 2025 · confidence medium
It is unnecessary for the ALJ to “discuss all evidence presented.” Vincent on Behalf of Vincent v. Heckler, 739 F.2d 1393, 1394-95 (9th Cir. 1984) (citation omitted) (emphasis in original).
discussed Cited as authority (rule) Horr v. Commissioner of Social Security
W.D. Wash. · 2025 · confidence medium
Vincent v. 1 Heckler, 739 F.2d 1393, 1395 (9th Cir. 1984) (an ALJ may not reject “significant probative 2 evidence” without explanation). 3 It also remains true that, “[w]here lay witness testimony does not describe any limitations 4 not already described by the claimant, and the ALJ’s well-supported reasons for rejecting the 5 claimant’s testimony apply equally well to the lay witness testimony,” the failure to address the 6 lay testimony may be deemed harmless.
cited Cited as authority (rule) Groleau v. Commissioner Social Security Administration
D. Or. · 2025 · confidence medium
Vincent v. Heckler, 739 F.2d 1393, 1395 (9th Cir. 1984).
cited Cited as authority (rule) McKinney v. O'Malley
D. Idaho · 2025 · confidence medium
Vincent v. Heckler, 739 F.2d 1393, 1394-95 (9th Cir. 1984)) (internal quotation marks omitted).
cited Cited as authority (rule) Herrera v. Commissioner of Social Security
W.D. Wash. · 2025 · confidence medium
AR 19. 6 The ALJ “need not discuss all evidence presented” Vincent on Behalf of Vincent 7 v. Heckler, 739 F.2d 1393, 1394-95 (9th Cir. 1984) (citation omitted) (emphasis in 8 original).
discussed Cited as authority (rule) Griffin Montgomery Bell v. Martin O'Malley (2×)
C.D. Cal. · 2025 · confidence medium
Vincent v. Heckler, 739 F.2d 1393, 1394-95 (9th Cir. 1984) (holding ALJ’s failure to 22 23 7 On January 18, 2017, the agency published final rules titled “Revisions to Rules Regarding the Evaluation of Medical Evidence.” 82 Fed.
cited Cited as authority (rule) Taylor v. Commissioner of Social Security
D. Idaho · 2025 · confidence medium
It is unnecessary for the ALJ to “discuss all evidence presented.” Vincent on Behalf of Vincent v. Heckler, 739 F.2d 1393, 1394-95 (9th Cir. 1984) (citation omitted) (emphasis in original).
cited Cited as authority (rule) Graham v. Commissioner of Social Security
D. Idaho · 2025 · confidence medium
It is unnecessary for the ALJ to “discuss all evidence presented.” Vincent on Behalf of Vincent v. Heckler, 739 F.2d 1393, 1394-95 (9th Cir. 1984) (citation omitted) (emphasis in original).
cited Cited as authority (rule) Perotto v. Commissioner of Social Security
D. Idaho · 2025 · confidence medium
It is unnecessary for the ALJ to “discuss all evidence presented.” Vincent on Behalf of Vincent v. Heckler, 739 F.2d 1393, 1394-95 (9th Cir. 1984) (citation omitted) (emphasis in original).
cited Cited as authority (rule) Cochran v. King
9th Cir. · 2025 · confidence medium
The ALJ is not required to “discuss all evidence presented.” Vincent on Behalf of Vincent v. Heckler, 739 F.2d 1393, 1394-95 (9th Cir. 1984) (citation omitted). 4.
discussed Cited as authority (rule) (SS) Campbell v. Commissioner of Social Security
E.D. Cal. · 2025 · confidence medium
Vincent v. Heckler, 3 739 F.2d 1393, 1394-95 (9th Cir. 1984) (The ALJ “need not discuss all evidence presented.”) 4 (emphasis in original). 5 For the same reasons above, Plaintiff argues, in conclusory fashion, that the ALJ also erred 6 in her determination that Plaintiff had a mild limitation in concentrating, persisting, or maintaining 7 pace, despite the ALJ’s observation that Plaintiff’s mental status exams generally found him to be 8 within normal limits for attention and concentration.
discussed Cited as authority (rule) (SS)(PS) Yeomans v. Commissioner of Social Security
E.D. Cal. · 2025 · confidence medium
Vincent v. Heckler, 739 F.2d 1393, 1394-95 (9th Cir. 1984) 5 (internal quotation marks omitted). 6 However, the ALJ’s determination that that Plaintiff is only moderately limited as to 7 adapting and managing oneself is not supported by substantial evidence.
discussed Cited as authority (rule) Heidal v. Commissioner of Social Security
W.D. Wash. · 2024 · confidence medium
Vincent ex rel. 16 Vincent v. Heckler, 739 F.2d 1393, 1395 (9th Cir. 1984). 17 The 2017 regulations did not eliminate an ALJ’s obligation to consider and 18 address nonmedical source evidence, including an obligation to articulate germane 19 reasons for disregarding that same evidence.
cited Cited as authority (rule) Olson v. Commissioner of Social Security
W.D. Wash. · 2024 · confidence medium
Vincent v. Heckler, 739 F.2d 1393, 1395 (9th Cir. 1984). 1 3.
cited Cited as authority (rule) Scott v. O'Malley
D. Idaho · 2024 · confidence medium
It is unnecessary for the ALJ to “discuss all evidence presented.” Vincent on Behalf of Vincent v. Heckler, 739 F.2d 1393, 1394-95 (9th Cir. 1984) (citation omitted).
cited Cited as authority (rule) Logston v. Commissioner of Social Security
D. Idaho · 2024 · confidence medium
It is unnecessary for the ALJ to “discuss all evidence presented.” Vincent on Behalf of Vincent v. Heckler, 739 F.2d 1393, 1394-95 (9th Cir. 1984) (citation omitted) (emphasis in original).
cited Cited as authority (rule) Moon v. Commissioner of Social Security
D. Idaho · 2024 · confidence medium
It is unnecessary for the ALJ to “discuss all evidence presented.” Vincent on Behalf of Vincent v. Heckler, 739 F.2d 1393, 1394-95 (9th Cir. 1984) (citation omitted) (emphasis in original).
cited Cited as authority (rule) Lebourdais v. Commissioner of Social Security Administration
D. Ariz. · 2024 · confidence medium
Vincent v. Heckler, 739 F.2d 1393, 1394-95 (9th Cir. 1984)).
cited Cited as authority (rule) Jenson v. O'Malley
E.D. Wash. · 2024 · confidence medium
Lewis v. Apfel, 236 F.3d 503 , 511 19 (9th Cir. 2001) (citing Vincent v. Heckler, 739 F.2d 1393, 1395 (9th Cir. 1984).
discussed Cited as authority (rule) Darch v. Commissioner of Social Security
W.D. Wash. · 2024 · confidence medium
Vincent v. Heckler, 739 F.2d 1393, 1395 (9th Cir. 1984) (an ALJ may not reject “significant probative evidence” without explanation). 1 the lay testimony did not support greater limitations than those included in the RFC.
cited Cited as authority (rule) Raatz v. Commissioner of Social Security
D. Idaho · 2024 · confidence medium
It is unnecessary for the ALJ to “discuss all evidence presented.” Vincent on Behalf of Vincent v. Heckler, 739 F.2d 1393, 1394-95 (9th Cir. 1984) (citation omitted) (emphasis in original).
discussed Cited as authority (rule) Jones v. Commissioner of Social Security
W.D. Wash. · 2024 · confidence medium
Vincent v. Heckler, 739 F.2d 1393, 1395 (9th Cir. 1984). 16 The Court does not find the new regulations eliminate an ALJ’s obligation to consider 17 and address nonmedical source evidence, including an obligation to articulate germane reasons 18 for disregarding that same evidence.
Retrieving the full opinion text from the archive…
6 soc.sec.rep.ser. 137, unempl.ins.rep. Cch 15,512 Thomas Vincent, on Behalf of Howard Vincent
v.
Margaret M. Heckler, Secretary of Health and Human Services
83-2066.
Court of Appeals for the Ninth Circuit.
Aug 7, 1984.
739 F.2d 1393

739 F.2d 1393

6 Soc.Sec.Rep.Ser. 137, Unempl.Ins.Rep. CCH 15,512
Thomas VINCENT, on Behalf of Howard VINCENT, Plaintiff-Appellant,
v.
Margaret M. HECKLER, Secretary of Health and Human Services,
Defendant-Appellee.

No. 83-2066.

United States Court of Appeals,
Ninth Circuit.

Submitted May 17, 1984.
Decided Aug. 7, 1984.

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.

Appeal from the United States District Court For the Northern District of California.

Before WRIGHT, HUG, and NELSON, Circuit Judges.

PER CURIAM:

[*~1393]1

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

2

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.

3

II. SUBSTANTIAL EVIDENCE SUPPORTS THE SECRETARY'S DECISION.

4

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 ALJ. 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.

5

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

[*~1393]6

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 evidence 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.

7

A. DR. SATTEN'S PSYCHIATRIC REPORT.

8

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 ALJ did not mention Dr. Satten's letter in his decision.

[*1395]9

An ALJ 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 ALJ can resolve it. See Richardson v. Perales, 402 U.S. 389, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971). Here, the ALJ'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 ALJ was entitled to discount Dr. Satten's letter.

B. LAY TESTIMONY

[*~1394]10

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 ALJ did not discuss this testimony in his hearing decision. Once again, this omission does not require reversal.

11

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. Sec. 423(d)(3); Hall v. Secretary of HEW, 602 F.2d 1372 (9th Cir.1979). The ALJ properly discounted lay testimony that conflicted with the available medical evidence.

12

AFFIRMED.