Tina Popa v. Nancy Berryhill, 872 F.3d 901 (9th Cir. 2017). · Go Syfert
Tina Popa v. Nancy Berryhill, 872 F.3d 901 (9th Cir. 2017). Cases Citing This Book View Copy Cite
364 citation events (364 in the last 25 years) across 14 distinct courts.
Strongest positive: Evelyn Rodriguez v. Martin O'Malley (ca9, 2024-04-22) · Strongest negative: Kira N. Durbin v. Andrew M. Saul (cacd, 2020-08-17)
Treatment trajectory · 2018 → 2026 · click a year to view as-of
2018 2022 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" Kira N. Durbin v. Andrew M. Saul
C.D. Cal. · 2020 · signal: but see · confidence high
Background 17 As discussed in part above, plaintiff argues that the ALJ erred in formulating the RFC by 18 failing to provide a rationale for his determination that plaintiff would be limited to no public 19 contact. [JS at 26 (citing AR at 24).] She notes that it can be presumed from the ALJ’s finding 20 that plaintiff’s medically determinable impairments include allergies, that the limitation to no public 21 contact would be in relation to her allergies. [Id.] She argues that there is no rationale for finding 22 contact with the public to be problematic but not contact with her coworkers…
discussed Cited as authority (verbatim quote) Evelyn Rodriguez v. Martin O'Malley
9th Cir. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
an alj may discount the opinion of an 'other source,' such as a nurse practitioner, if she provides 'reasons germane to each witness for doing so.
discussed Cited as authority (verbatim quote) Reinsch v. Commissioner Social Security Administration
D. Or. · 2023 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
a single discrepancy fails . . . to justify the whole sale dismissal of a claimant's testimony.
discussed Cited as authority (verbatim quote) Ellen Oudinot-Robertson v. Commissioner Social Security Administration
D. Or. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
the social security regulations provide an outdated view that consider a nurse practitioner as an 'other source.
discussed Cited as authority (verbatim quote) Clark v. Commissioner Social Security Administration
D. Or. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
simply put, the fact dr. sorrell, an 'other source,' provided information in a check- box form provides no reason to reject her opinions, much less a germane reason.
discussed Cited as authority (verbatim quote) (SS) Morales v. Commissioner of Social Security
E.D. Cal. · 2022 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
single discrepancy fails ... to justify the wholesale dismissal of a claimant's 26 testimony.
discussed Cited as authority (verbatim quote) Duffy v. Commissioner Social Security Administration
D. Or. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
a single discrepancy fails, however, to justify the wholesale dismissal of a claimant's testimony.
discussed Cited as authority (verbatim quote) Amy Crush v. Commissioner of Social Security Administration
C.D. Cal. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
a 27 single discrepancy fails, however, to justify the wholesale dismissal of a claimant's 28 testimony.
discussed Cited as authority (verbatim quote) Briggs v. Andrew M. Saul (2×) also: Cited as authority (rule)
E.D. Wash. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
a single discrepancy fails, 12 however, to justify the wholesale dismissal of a claimant's testimony.
discussed Cited as authority (quoted) Cynthia L. Andrews v. Martin J. OMalley
C.D. Cal. · 2025 · quote attribution · 1 verbatim quote · confidence low
an alj may consider inconsistent statements 27 by a claimant in assessing her credibility.
discussed Cited as authority (quoted) Carolyn Harris v. Kilolo Kijakazi (2×) also: Cited "see"
9th Cir. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
a single discrepancy fails, however, to justify the wholesale dismissal of a claimant's testimony.
discussed Cited as authority (rule) Mackenzie B. v. Commissioner Social Security Administration
D. Or. · 2026 · confidence medium
(See Pl.’s Opening Br. at 8 n.10, electing not to summarize opinions regarding mental impairments for this reason). ‘[c]ondition is permanent,’ which [did] not explain the basis for [his] conclusion” (citing Popa v. Berryhill, 872 F.3d 901, 907 (9th Cir. 2017))).
discussed Cited as authority (rule) Jayson C. v. Commissioner, Social Security Administration
D. Or. · 2026 · confidence medium
Popa v. Berryhill, 872 F.3d 901, 907 (9th Cir. 2017) (holding “provid[ing] information in a check-box form provides no reason to reject her opinions”).
cited Cited as authority (rule) Ingram v. Commissioner of Social Security Administration
9th Cir. · 2026 · confidence medium
Popa v. Berryhill, 872 F.3d 901, 906 (9th Cir. 2017).
cited Cited as authority (rule) Torres Aguilar v. Bisignano
9th Cir. · 2025 · confidence medium
Popa v. Berryhill, 872 F.3d 901, 906 (9th Cir. 2017).
cited Cited as authority (rule) John R. v. Commissioner of Social Security Administration
D. Or. · 2025 · confidence medium
Popa v. Berryhill, 872 F.3d 901, 907 (9th Cir. 2017).
discussed Cited as authority (rule) Douglas H. v. Commissioner of Social Security
W.D. Wash. · 2025 · confidence medium
Although Dr. Dees did not provide a specific function-by-function explanation of 23 his opinion, his opinion included a clinical interview (AR 550–51), clinical findings describing 24 1 the severity of Plaintiff’s symptoms (AR 551), and a mental status examination describing 2 abnormal findings (AR 553–54). “[A]n opinion cannot be rejected merely for being expressed as 3 answers to a check-the-box questionnaire[.]” Ford v. Saul, 950 F.3d 1141, 1155 (9th Cir. 2020) 4 (citing Popa v. Berryhill, 872 F.3d 901, 907 (9th Cir. 2017)). 5 Finally, the ALJ discounted all five examining sources…
discussed Cited as authority (rule) Andrew H. v. Commissioner of Social Security
W.D. Wash. · 2025 · confidence medium
An ALJ may reject opinions 17 from a non-examining physician by reference to specific evidence in the medical record, Sousa v. 18 Callahan, 143 F.3d 1240, 1244 (9th Cir. 1998), and opinions from “other sources”, such as an 19 advance registered nurse practitioner (ARNP) or counselor, by providing reasons germane to that 20 source, Popa v. Berryhill, 872 F.3d 901, 906 (9th Cir. 2017) (citing Molina, 674 F.3d at 1111 ). 21 22 3 Plaintiff’s derivative allegations that these errors led to errors in the RFC assessment and step 23 five finding need not be separately addressed.
discussed Cited as authority (rule) Terri Goldston v. O'Malley
N.D. Cal. · 2025 · confidence medium
Popa v. Berryhill, 872 F.3d 901, 906 (9th Cir. 2017) (finding ALJ erred when “no 2 medical evidence in the record contradict[ed] [doctor's] opinion”); Montijo v. Sec’y of Health and 3 Hum.
discussed Cited as authority (rule) Cote v. Commissioner of Social Security (2×)
W.D. Wash. · 2025 · confidence medium
Popa v. Berryhill, 872 F.3d 901, 907-08 (9th Cir. 2017) (holding 6 that ALJ erred by rejecting nurse practitioner’s opinion without germane reasons where the 7 opinion was consistent with the record and treating relationship).
discussed Cited as authority (rule) Duval v. Commissioner of Social Security
W.D. Wash. · 2025 · confidence medium
An ALJ may reject opinions from a non-examining physician by reference to specific 21 evidence in the medical record, Sousa v. Callahan, 143 F.3d 1240, 1244 (9th Cir. 1998), and 22 opinions from “other sources”, such as advance registered nurse practitioners (ARNP), by 23 1 providing reasons germane to that source, Popa v. Berryhill, 872 F.3d 901, 906 (9th Cir. 2017) 2 (citing Molina, 674 F.3d at 1111 ). 3 Plaintiff argues the ALJ failed to properly evaluate the opinion evidence from Erin 4 Grady, ARNP, and Heather Deming, Psy.D., other medical evidence, and the opinions of the 5 non-exami…
discussed Cited as authority (rule) Kimberly Pickett v. Michelle King
9th Cir. · 2025 · confidence medium
See Burrell v. Colvin, 775 F.3d 1133, 1140 (9th Cir. 2014) (holding that the ALJ improperly rejected a physician’s check-box opinion that was adequately supported by the record, including by the physician’s own treatment notes); see also Garrison v. Colvin, 759 F.3d 995 , 1014 n.17 (9th Cir. 2014); Popa v. Berryhill, 872 F.3d 901, 907 (9th Cir. 2017).
cited Cited as authority (rule) Dentler v. Commissioner of Social Security
W.D. Wash. · 2024 · confidence medium
The 2 Ninth Circuit has made it clear that format alone is not a valid reason for rejecting an opinion. 3 See Popa v. Berryhill, 872 F.3d 901, 907 (9th Cir. 2017).
discussed Cited as authority (rule) Turner v. Commissioner of Social Security Administration
D. Ariz. · 2024 · confidence medium
While opinions expressed in check-the-box questionnaires cannot be 12 rejected solely for that reason, Popa v. Berryhill, 872 F.3d 901, 907 (9th Cir. 2017), “the 13 ALJ may permissibly reject check-off reports that do not contain any explanation of the 14 bases of their conclusions,” Molina v. Astrue, 674 F.3d 1104, 1111 (9th Cir. 2012), 15 superseded on other grounds by 20 C.F.R. § 404.1502 (a). 16 The ALJ then further addressed the consistency factor by noting that the opinion is 17 inconsistent with the record as a whole.
discussed Cited as authority (rule) Boursaw v. O'Malley
E.D. Wash. · 2024 · confidence medium
In 27 support, the ALJ noted Plaintiff "is able to grocery shop, drive, and read" and that Plaintiff's 28 "hobbies include watching television, creative writing, reading, and sports." Tr. 35. 1 However, these activities neither "meet the threshold for transferable work skills," Orn v. 2 Astrue, 495 F.3d 625, 639 (9th Cir. 2007) (citing Fair, 885 F.2d at 603), nor sufficiently 3 undermine Plaintiff's allegations, see Diedrich v. Berryhill, 874 F.3d 634, 643 (9th Cir. 4 2017) ("House chores, cooking simple meals, self-grooming, paying bills, writing checks, 5 and caring for a cat in one's own ho…
discussed Cited as authority (rule) Brown v. Commissioner of Social Security
W.D. Wash. · 2024 · confidence medium
Under the regulations applicable to this case, a 16 nurse practitioner is an “other source,” see 20 C.F.R. §§ 404.1513 (a), (d), 416.913(a), 17 (d), and “an ALJ may discount the opinion of an ‘other source,’ such as a nurse 18 practitioner, if [he] provides ‘reasons germane to each witness for doing so,” Popa v. 19 Berryhill, 872 F.3d 901, 906 (9th Cir. 2017) (quoting Molina v. Astrue, 674 F.3d 1104 , 20 1111 (9th Cir. 2012)).
discussed Cited as authority (rule) Vansciver v. Commissioner Social Security Administration (2×) also: Cited "see, e.g."
D. Or. · 2024 · confidence medium
Id. (citing Popa v. Berryhill, 872 F.3d 901, 908 (9th Cir. 2017)).
cited Cited as authority (rule) Rogers v. Commissioner of Social Security Administration
D. Ariz. · 2023 · confidence medium
Popa v. Berryhill, 872 F.3d 901, 907 (9th Cir. 2017). 16 Here, the ALJ identified germane reasons that are supported by substantial 17 evidence in the record.
discussed Cited as authority (rule) Tsonis v. O'Malley
D. Alaska · 2023 · confidence medium
See also e.g., Revels v. Berryhill, 874 F.3d 648, 665 (9th Cir. 2017) (“Also, though [the nurse practitioner] is not an ‘acceptable medical source,’ she is an ‘other source’ and there are strong reasons to assign weight to her opinion. [The nurse practitioner] was a treating source who examined [the claimant] at least ten times over two years.”); Popa v. Berryhill, 872 F.3d 901, 907 (9th Cir. 2017) (finding that ALJ erred in disregarding opinion of a nurse practitioner who served as claimant's primary medical care provider). 71 Docket 25 at 9–19. 72 See e.g., A.R. 306–08, 339�…
discussed Cited as authority (rule) (SS) Tamo v. Commissioner of Social Security (2×) also: Cited "see"
E.D. Cal. · 2023 · confidence medium
The ALJ may discount opinions of an ‘other source’ by providing “reasons germane 8 to each witness for doing so.” Popa v. Berryhill, 872 F.3d 901, 906 (9th Cir. 2017). 9 Legal Standards – Subjective Symptom Testimony 10 A claimant’s statements of subjective symptoms alone are insufficient grounds to establish 11 disability. 20 C.F.R § 404.1529(a).
discussed Cited as authority (rule) Buccini v. Commissioner of Social Security Administration
D. Ariz. · 2023 · confidence medium
See Smartt, 53 13 F.4th at 498 (stating the ALJ may rely on inconsistent medical findings); Popa v. Berryhill, 14 872 F.3d 901, 906 (9th Cir. 2017) (inconsistent prior statements); Moncada v. Chater, 60 15 F.3d 521, 524 (9th Cir. 1995) (per curiam) (inconsistent medical opinions). 16 The ALJ observed that Plaintiff failed a stress test in January 2021 due to fatigue, 17 and that she reported increasing dyspnea in February and March 2021.
discussed Cited as authority (rule) Peterson v. O'Malley
E.D. Wash. · 2023 · confidence medium
See Garrison v. Colvin, 16 759 F.3d 995 , 1014 n.17 (9th Cir. 2014); Popa v. Berryhill, 872 F.3d 901, 907 (9th 17 Cir. 2017); see also Trevizo v. Berryhill, 871 F.3d 664 , 677 n.4 (9th Cir. 2017) 18 (“[T]here is no authority that a ‘check-the-box’ form is any less reliable than any 19 other type of form”).
discussed Cited as authority (rule) Christopher Robert Mack v. Kilolo Kijakazi
C.D. Cal. · 2023 · confidence medium
Popa v. Berryhill, 872 F.3d 901, 906 (9th Cir. 2017). 27 i. Michael Bogdanoff, LCSW 28 1 As to Michael Bogdanoff, LCSW, the ALJ ruled his opinion lacked 2 supportability and consistency with evidence of the record because several of his 3 progress notes “consistently indicate[] [Plaintiff] is stable and cooperative, . . . cordial 4 with full orientation, has clear and deliberate speech, has intact insight and judgment, 5 is not suicidal or homicidal, does not have hallucinations, does not feel hopeless or 6 in despair, and has no change of appetite or sleep patterns.” (AR 24; see 393-95). …
cited Cited as authority (rule) Gebhardt v. Kijakazi
D. Mont. · 2023 · confidence medium
Social workers represent “other sources” that an ALJ may 20 discount so long as she “provides reasons germane to each witness for doing so.” Popa v. Berryhill, 872 F.3d 901, 906 (9th Cir. 2017).
discussed Cited as authority (rule) (SS) Casillas v. Commissioner of Social Security
E.D. Cal. · 2023 · confidence medium
Ford, 9 950 F.3d at 1155 (9th Cir. 2020) (citing Popa v. Berryhill, 872 F.3d 901, 907 (9th Cir. 2017) 10 (finding error where an ALJ rejected a medical opinion simply because it was expressed in check- 11 box form); Crane v. Shalala, 76 F.3d 251, 253 (9th Cir. 1996) (finding it permissible for an ALJ 12 to reject a check-box opinion because it “did not contain any explanation of the bases [of a 13 doctor’s] conclusions”)). 14 Here, Drs.
discussed Cited as authority (rule) Peterson v. Kijakazi
D. Alaska · 2023 · confidence medium
See also e.g., Revels v. Berryhill, 874 F.3d 648, 665 (9th Cir. 2017) (“Also, though [the nurse practitioner] is not an ‘acceptable medical source,’ she is an ‘other source’ and there are strong reasons to assign weight to her opinion. [The nurse practitioner] was a treating source who examined [the claimant] at least ten times over two years.”); Popa v. Berryhill, 872 F.3d 901, 907 (9th Cir. 2017) (finding that ALJ erred in disregarding opinion of a nurse practitioner who served as claimant's primary medical care provider).
cited Cited as authority (rule) Ray-Mercier v. Commissioner of Social Security Administration
D. Ariz. · 2023 · confidence medium
Br. at 10, citing 872 F.3d 901, 906 (9th Cir. 2017)).
cited Cited as authority (rule) Sams v. Commissioner Social Security Administration
D. Or. · 2022 · confidence medium
Inconsistent statements in the treatment record “An ALJ may consider inconsistent statements by a claimant in assessing her credibility.” Popa v. Berryhill, 872 F.3d 901, 906 (9th Cir. 2017).
cited Cited as authority (rule) Dahl v. Commissioner Social Security Administration
D. Or. · 2022 · confidence medium
Popa v. Berryhill, 872 F.3d 901, 907 (9th Cir. 2017); also see, e.g., William A. v. Saul, 433 F. Supp. 3d 1201 , 1212 (D.
cited Cited as authority (rule) (SS) Gutierrez v. Commissioner of Social Security
E.D. Cal. · 2022 · confidence medium
Popa v. Berryhill, 872 F.3d 901, 906 (9th Cir. 2017); Tonapetyan v. Halter, 17 242 F.3d 1144, 1148 (9th Cir. 2001).
discussed Cited as authority (rule) (SS) Ballesteros v. Commissioner of Social Security (2×) also: Cited "see"
E.D. Cal. · 2022 · confidence medium
While the ALJ should have 4 provided a specific reason for discounting the physical therapist’s opinion, see Popa v. Berryhill, 5 872 F.3d 901, 906 (9th Cir. 2017), the other evidence in the record overwhelmingly supports the 6 ALJ’s finding of a twenty-pound weight limitation.
discussed Cited as authority (rule) Tadesse v. Social Security Administration, Commissioner (2×) also: Cited "see"
N.D. Cal. · 2022 · confidence medium
See AR 468-71, 503-07; Popa 18 v. Berryhill, 872 F.3d 901, 906 (9th Cir. 2017) (finding ALJ erred when “no medical evidence in 19 the record contradict[ed] [doctor’s] opinion”).
discussed Cited as authority (rule) Norman v. Kijakazi (2×) also: Cited "see, e.g."
N.D. Cal. · 2022 · confidence medium
See, e.g., Hill v. Astrue, 698 F.3d 22 1153, 1159 (9th Cir. 2012) (ALJ erred in ignoring and failing to discuss medical opinion where 23 opinion was “not a conclusory statement” about ability to work but rather “an assessment, based 24 on objective medical evidence”); Popa, 872 F.3d at 906 (ALJ erred by discounting physician’s 25 testimony that claimant was “not likely to maintain regular [work] attendance”).
cited Cited as authority (rule) Mize v. Commissioner Social Security Administration
D. Or. · 2022 · confidence medium
“An ALJ may discount the opinion of an ‘other source,’ . . . if she provides ‘reasons germane to each witness for doing so.’” Popa v. Berryhill, 872 F.3d 901, 906 (9th Cir. 2017) (citation omitted).
discussed Cited as authority (rule) (SS) Bispo v. Commissioner of Social Security
E.D. Cal. · 2022 · confidence medium
While the 6 Ninth Circuit has permitted an ALJ to “reject check-off reports that do not contain any 7 explanation of the bases of their conclusions,” Ford, 950 F.3d at 1155, it has also stressed that 8 such an opinion cannot be rejected merely for being expressed as answers to a check-the-box 9 questionnaire, Popa v. Berryhill, 872 F.3d 901, 907 (9th Cir. 2017).
cited Cited as authority (rule) Carol Turner v. Kilolo Kijakazi
9th Cir. · 2022 · confidence medium
See 20 C.F.R. § 404.1502 (a)(1)−(8) (social worker not listed as an acceptable medical source); Popa v. Berryhill, 872 F.3d 901, 906 (9th Cir. 2017).
discussed Cited as authority (rule) Bentley v. Kijakazi
D. Mont. · 2022 · confidence medium
(Doc. 11 at 28.) Plaintiff has the better argument here. 34 An ALJ may discount “other source” opinions so long as she “provides reasons germane to each witness for doing so.” Popa v. Berryhill, 872 F.3d 901, 906 (9th Cir. 2017) (quotation marks omitted); see also 20 C.F.R. § 404.1513 (a).
discussed Cited as authority (rule) (SS) Johnson v. Commissioner of Social Security
E.D. Cal. · 2022 · confidence medium
Cal. Jul. 10, 2019) (citing Popa v. 13 Berryhill, 872 F.3d 901, 906 (9th Cir. 2017); see also Molina v. Astrue, 674 F.3d 1104, 1111 (9th 14 Cir. 2012) (holding that opinions from “other sources” may be rejected with germane reasons). 15 The Court must affirm the Commissioner’s decision if it is based on proper legal 16 standards and the findings are supported by substantial evidence in the record. 42 U.S.C. § 17 405(g); Batson v. Comm’r of Soc.
discussed Cited as authority (rule) Orr v. Commissioner of Social Security Administration
D. Ariz. · 2022 · confidence medium
Plaintiff argues that the ALJ erred in determining that PNP Gwon’s opinion 18 was “vague” because PNP Gwon complied with SSA mental health disability criteria. 19 (Doc. 22 at 15–16. 20 The ALJ did not err in determining that PNP Gwon’s opinion was “vague.” 21 Although an ALJ may not discount an opinion simply because it was provided on a check- 22 the-box form, see Popa v. Berryhill, 872 F.3d 901, 907 (9th Cir. 2017), an ALJ “may take 23 into account the quality of the explanation when determining how much weight to give a 24 medical opinion,” Ford v. Saul, 950 F.3d 1141, 115…
cited Cited as authority (rule) De Los Reyes v. Commissioner Social Security Administration
D. Or. · 2022 · confidence medium
Additionally, an “ALJ may consider inconsistent statements by a claimant in assessing her credibility.” Popa v. Berryhill, 872 F.3d 901, 906-07 (9th Cir. 2017). . .
Retrieving the full opinion text from the archive…
Tina Marie POPA, Plaintiff-Appellant,
v.
Nancy A. BERRYHILL, Acting Commissioner of Social Security, Defendant-Appellee
15-16848.
Court of Appeals for the Ninth Circuit.
Aug 18, 2017.
872 F.3d 901
Mark Caldwell (argued), Phoenix, Arizona, for Plaintiff-Appellant., Michael R. Tunick (argued), Assistant Regional Counsel; David Morado, Regional Chief Counsel, Seattle Region X; John S. Leonardo, United States Attorney; Office of the General Counsel, Social Security Administration, Seattle, Washington, for Defendant-Appellee.
Thomas, Wardlaw, Morris.
Cited by 271 opinions  |  Published  |  Civil
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 90%
Citer courts: Ninth Circuit (1) · C.D. California (1)

[*903] OPINION

MORRIS, District Judge:

Tina Marie Popa appeals the district court’s decision affirming the Commissioner of Social Security’s denial of her application for disability insurance benefits and supplemental security income benefits under Titles II and XVI of the Social Security Act. We possess jurisdiction pursuant to 28 U.S.C. § 1291. We reverse and remand for an award of benefits.

I

Tina Marie Popa applied for supplemental security income (“SSI”) benefits under Title XVI of the Social Security Act, 42 U.S.C. §§ 1381 et seq., on May 9, 2011. Popa alleges disability due to mood disorder, bipolar disorder, anxiety, depression, and chronic total-body pain. Popa alleges a disability onset date of December 21, 2010. The Commissioner of Social Security (“Commissioner”) denied Popa’s application initially and on reconsideration.

Popa requested a hearing before an administrative law judge (“ALJ”). Id. The ALJ conducted a video hearing on April 18, 2013. Popa was represented by counsel. The ALJ reviewed the relevant medical evidence. The ALJ received testimony from Popa and an impartial vocational expert. The ALJ denied Popa’s application based on her determination that Popa could perform jobs that exist in significant numbers in the national economy.

Popa requested that the Appeals Council review the ALJ’s decision. The Appeals Council denied Popa’s request for a review of the ALJ’s decision on October 3, 2014. The ALJ’s decision became the final decision of the Commissioner when the Appeals Council denied review. 42 U.S.C. § 405(h); 20 C.F.R. § 416.1481.

Popa filed a complaint seeking judicial review of the Commissioner’s final decision on December 11, 2014. The District Court concluded that the ALJ had committed no legal error and that substantial evidence supported the ALJ’s decision. The District Court affirmed the ALJ’s decision and entered judgment in the Commissioner’s favor on July 21, 2015. Popa filed this timely appeal on September 15, 2015.

II

Popa’s appeal focuses on her mental impairments that include bipolar disorder, depression, and anxiety that she claims inhibit her ability to work. The ALJ reviewed several medical evaluations of Popa. State agency psychologist Ashley B. Hart, Ph.D., conducted a psychological consultative examination of Popa on September 8, 2011. Dr. Hart diagnosed Popa with chronic mood disorder. Dr. Hart offered a- number of opinions regarding Popa’s functional capacity that suggested that Popa could perform basic tasks, understand instructions, respond appropriately to coworkers and supervisors, maintain socially appropriate behavior, be aware of normal hazards in the work place, and respond appropriately to changes in the work place setting. Dr. Hart opined, however, that Popa was “not likely to maintain regular attendance” [at work] due to [her] mental health.”

The ALJ assigned “substantial weight” to Dr. Hart’s assessment, except for Dr. Hart’s finding that Popa likely would not maintain regular attendance 'at work. The ALJ determined that this finding by Dr.[*904] Hart conflicted with Popa’s “considerable activities of daily living.” The ALJ cited three examples: (1) Popa’s ability “to attend church every week,” (2) Popa’s ability to “watch[ ] television,” and (3) Popa’s ability to “shop[ ] for groceries.”

Certified Nurse Practitioner Dr. Tanya Sorrell, Ph.D., treated Popa for depression and mood swings at the Arizona Counseling and Treatment Service beginning in May 2011. The record failed to establish Dr. Sorrell’s professional qualifications. Popa informed the Court that Dr. Sorrell obtained a doctorate degree in nursing from the University of Arizona. The Commissioner never challenged this assertion.

Popa lived in a women’s shelter at the time that Dr. Sorrell treated her. Popa reported a history of methamphetamines abuse, but she had stopped using methamphetamine in December 2010. Dr. Sorrell diagnosed Popa with mood disorder. Dr. Sorrell prescribed psychiatric medication for Bipolar II Disorder on May 19, 2011. Dr. Sorrell continued to treat Popa for Bipolar II Disorder through 2012.

Dr. Sorrell assessed Popa’s residual functional capacity on October 11, 2012. Dr. Sorrell completed a check-box form entitled “Supplemental Questionnaire as to Residual Functional Capacity.” Dr. Sorrell checked boxes indicating: (1) that Popa had no limitations in her ability to understand and remember short, simple instructions; (2) that Popa had slight limitations in her ability to carry out short, simple instructions, and in her ability to interact appropriately with the public; and (3) that Popa had moderate limitations in her ability to understand and remember detailed instructions, make judgments on simple work-related decisions, interact appropriately with supervisors and co-workers, respond appropriately to work pressures in a usual work setting, and respond appropriately to changes in a routine work setting. The Supplemental Questionnaire defined a “moderate” limitation as a limitation that “would reduce [the claimant’s] ability to function (10% of task).”

The ALJ assigned Dr. Sorrell’s opinion “reduced weight.” The ALJ failed to include the moderate limitations described by Dr. Sorrell in the hypothetical that she presented to the vocational expert. State agency medical consultant Dr. Hubert R. Estes, M.D., reviewed Popa’s medical records on February 6, 2012. Dr. Estes concluded that Popa suffered no severe mental impairments. The ALJ assigned “significant” weight to Dr. Estes’s opinion.

Popa testified at a hearing before the ALJ about her daily activities. Popa testified that she lives with her mother. Popa testified that she sometimes cooks, cleans, does dishes, and shops for groceries. Popa testified that she watches television with her mother about two hours per day. Popa testified that she does not drive because her driver’s license was suspended in 2003. Popa testified that she used to attend church, but stopped in 2012.

Popa reported that she takes psychiatric medications prescribed by Dr. Sorrell. Popa testified that the medications make her sleep a lot and that once or twice a week she will “sleep right through ... to the next day.” Popa testified that her memory was poor, and that she has a hard time focusing on tasks.

Popa testified about her struggles with depression. Popa testified that she “suffer[s] real bad with depression.” Popa testified . that she is not suicidal, but she doesn’t “care to be alive.” Popa testified that she does not like being around other people.

Popa testified about her complaints of constant full-body pain. Popa testified that on a scale of one to ten, her average pain[*905] level is an eight or nine with medication. Popa testified that she can walk for about five minutes, sit for “maybe” one hour, and lift maybe 20 to 30 pounds. The ALJ presented a hypothetical question to a vocational expert. The ALJ asked the vocational expert to consider a 49-year-old person with a bachelor of arts degree; previous work experience that was skilled and sedentary; the ability to sit for up six hours, stand for up to six hours in an eight hour day, and to walk for up to six hours in an eight hour day; the ability occasionally to stoop; the ability occasionally to lift and to carry 20 pounds; the ability frequently to lift and carry 10 pounds; the ability to climb stairs, but not ladders; and not the ability to kneel, crouch, and crawl. The ALJ .also asked the vocational expert to assume that the person could not perform a job that requires good visualization in very dim lighting, and the person must avoid concentrated exposure to humidity, heights, and moving machinery. With respect to mental limitations, the ALJ asked the vocational expert to assume the person could only “understand, remember, and carry out simple job instructions.” The vocational expert responded that such a hypothetical person would be able to perform light, unskilled work that exists in significant numbers in the national economy, such as a janitor/cleaner, a fast food worker, and a cashier.

Popa’s counsel also presented a hypothetical question to the vocational expert. Popa’s counsel asked the vocational expert whether the person described by the ALJ could perform work that existed in significant numbers in the national economy, if that person also possessed the “moderate limitations” noted by Dr. Sorrell, and those moderate limitations would cause the person to be “off task 10 percent” of the time. The vocational expert responded that “if the person is off task six minutes out of every hour,” she could not perform work that exists in significant numbers in the national economy because the person “would not be competitively employable.”

The ALJ issued a written decision denying Popa’s disability benefits. The ALJ determined that Popa suffered from the following severe impairments: vision impairment, peripheral neuropathy, obesity, bipolar disorder, depression, and anxiety. The ALJ concluded, however, that Popa’s impairments did not meet or equal an impairment listed in 20 C.F.R. Part 404, Sub-part P, Appendix 1. The ALJ determined that Popa possessed the residual functional capacity to perform light work as defined in 20 C.F.R. § 416.967(b), subject to the mental limitation that Popa could only “understand, remember and carry out simple job instructions.” The ALJ acknowledged that Popa could not perform any of her prior work. The ALJ determined, however, that Popa could work as a janitor/cleaner, fast food worker, and cashier, or perform other jobs that existed in significant numbers in the national economy, based on a hypothetical that the ALJ posed to the vocational expert.

The Appeals Council declined to review the ALJ’s disability determination. Popa appealed to the United States District Court for the District of Arizona, which affirmed the ALJ’s denial of disability. Popa now appeals.

III

The Social Security Administration has established a five-step sequential process to determine whether an applicant qualifies as disabled within the meaning of the Social Security Act. See Batson v. Comm’r of Soc. Sec. Admin., 359 F.3d 1190, 1194 (9th Cir. 2004); 20 C.F.R. § 416.920. The five steps address the following issues: (1) whether the claimant presently works in substantial gainful ac[*906] tivity; (2) whether the claimant’s impairment, or a combination of impairments, qualifies as severe; (3) whether the impairment, or combination of impairments, equals an impairment listed in the regulations; (4) whether the claimant’s residual functional capacity allows her to perform her past relevant work; and (5) whether significant numbers of jobs exist in the national economy that the claimant can perform. See Keyser v. Comm’r of Soc. Sec. Admin., 648 F.3d 721, 724-25 (9th Cir. 2011).

In considering whether an applicant qualifies as disabled, an ALJ may reject the uneontradicted medical opinion of an examining psychologist only if the ALJ provides “clear and convincing” reasons supported by substantial evidence in the record. Lester v. Chater, 81 F.3d 821, 830-31 (9th Cir. 1995). An ALJ may discount the opinion of an “other source,” such as a nurse practitioner, if she provides “reasons germane to each witness for doing so.” Molina v. Astrue, 674 F.3d 1104, 1111 (9th Cir. 2012). The ALJ committed legal error when she failed to provide legally sufficient reasons to discount the opinions of examining psychologist Dr. Hart, and when she failed to provide germane reasons to discount the opinions of treating nurse practitioner Dr. Sorrell. The ALJ rejected Dr. Hart’s opinion that Popa was “not likely to maintain regular attendance [at work] due to [her] mental health.” The ALJ stated that Dr. Hart’s opinion lacked “substantial weight,” and, as a result, declined to include the limitation described by Dr. Hart in the hypothetical that she presented to the vocational expert.

The ALJ determined that Dr. Hart’s opinion conflicted with Popa’s “considerable activities of daily living.” Specifically, the ALJ cited as conflicts Popa’s ability to “attend church every week,” Popa’s ability to “wateh[] television,” and Popa’s ability to “shop[ ] for groceries.” No medical evidence in the record contradicts Dr. Hart’s opinion. Dr. Estes simply opined that Popa suffered no severe impairments. Dr. Estes’s opinion of no severe impairments does not necessarily conflict with Dr. Hart’s opinion regarding Popa’s minimal limitations that would affect Popa’s ability to maintain regular attendance at work.

The ALJ failed to provide clear and convincing reasons supported by substantial evidence for rejecting Dr. Hart’s opinion that Popa likely would not maintain regular attendance at work. Lester, 81 F.3d at 830. The ALJ simply stated conclusions that do not constitute the type of substantial evidence necessary to overcome Dr. Hart’s opinion. The ALJ stated that Dr. Hart’s opinion conflicted with Popa’s “considerable activities of daily living.” The activities cited by the ALJ were not consistent with regularly attending a full-time job. Furthermore, the ALJ provided no explanation as to why Popa’s ability to attend church weekly in the past, shop for groceries, and watch television, establish that Popa possesses the ability to maintain regular attendance at work. Finally, the ALJ ignored entirely Popa’s un-contradicted testimony that she had stopped attending church in 2012.

In this regard, the ALJ also discounted Popa’s own testimony based on what the ALJ deemed to be inconsistent statements. Popa testified that she does not drive because her driver’s license had been suspended in 2003. Popa told Dr. Hart that “[s]he does drive.” The ALJ cites to no other alleged inconsistencies in Popa’s testimony. An ALJ may consider inconsistent statements by a claimant in assessing her credibility. Tonapetyan v. Halter, 242 F.3d 1144, 1148 (9th Cir. 2001). A single discrepancy fails, however, to justify the wholesale dismissal of a claimant’s[*907] testimony. See Robbins v. Soc. Sec. Admin., 466 F.3d 880, 883-84 (9th Cir. 2006). The ALJ similarly failed to explain her decision to assign “reduced weight” to Dr. Sorrell’s opinions regarding Popa’s moderate limitations in five functional areas. Dr. Sorrell opined that Popa suffered moderate limitations, defined as off task 10 percent of the time. The ALJ failed to include the moderate limitations described by Dr. Sorrell in the hypothetical that she presented to the vocational expert.

The ALJ afforded “reduced weight” to Dr. Sorrell’s opinions for the following reasons: (1) Dr. Sorrell produced her opinion regarding Popa’s moderate limitations in a form “consisting largely of checked boxes without further explanation;” (2) the “severity” of the limitations conflicted with other medical evidence in the record; (3) Dr. Sorrell’s opinions conflicted with Popa’s daily activities; and (4) Dr. Sorrell’s findings possibly resulted from sympathy.

We pause to note that Dr. Sorrell possesses a Ph.D in nursing. The Social Security regulations provide an out-dated view that consider a nurse practitioner as an “other source.” Molina, 674 F.3d at 1111. The record indicates that Dr. Sorrell served as Popa’s primary care medical provider on a regular basis for more than two years. Dr. Sorrell started seeing Popa in May of 2010 and continued these examinations through the administrative hearing. No other medical professional actually treated Popa. Dr. Hart conducted a single examination and Dr. Estes simply reviewed Popa’s medical records. The ALJ’s decision to disregard Dr. Sorrell’s testimony makes little sense in light of the prominent role that Dr. Sorrell played in Popa’s medical treatment. This court’s precedents require that the ALJ provide “germane reasons” to reject Dr. Sorrell’s opinions. See Molina, 674 F.3d at 1111. The ALJ failed to provide “germane reasons.”

The ALJ instead justified her decision to discount Dr. Sorrell’s opinions due to the fact that Dr. Sorrell listed her opinions on a check-box form as part of Dr. Sorrell’s assessment of Popa’s residual capacity. More importantly, Dr. Sorrell had treated Popa as her primary care medical provider for nearly 18 months by the date of the residual capacity assessment. Notwithstanding the ALJ’s access to Popa’s treatment records, the ALJ failed to provide germane reasons to discount Dr. Sorrell’s opinions due to her use of a check-box form under these circumstances. Id. Simply put, the fact Dr. Sorrell, an “other source,” provided information in a check-box form provides no reason to reject her opinions, much less a germane reason.

The ALJ next discounted Dr. Sor-rell’s opinions because they conflicted with other medical evidence in the record. In particular, the ALJ compared Dr. Sorrell’s finding of moderate limitations with Dr. Hart’s finding of minimal limitations. The ALJ provided little illumination of this alleged contrast other than repeating that Popa’s daily activities included “attending] church every week” and “shoptping] for groceries.” The ALJ fails to explain, however, why moderate limitations would prevent Popa from attending church and shopping for groceries. The ALJ ignored Popa’s testimony that she had stopped attending church in 2012. Lastly, the ALJ noted her suspicion that Dr. Sorrell’s opinions may have derived from “sympathy” for Popa. The ALJ offered no facts to support her suspicion. An ALJ “may not assume that doctors routinely lie in order to help their patients collect disability benefits.” Lester, 81 F.3d at 832.

IV

The ALJ improperly discounted the opinions of Dr. Hart and Dr. Sorrell. The ALJ’s error in discounting these opinions[*908] permeated her hypothetical to the vocational expert regarding the availability of a significant number of jobs in the national economy that Popa could perform. Popa’s counsel asked the vocational expert whether the hypothetical person described by the ALJ could perform work that existed in significant numbers in the national economy, if that person also had the “moderate limitations” noted by Dr. Sorrell. Popa’s counsel explained that those moderate limitations would cause the person to be “off task 10 percent” of the time. The vocational expert responded that “if the person is off task six minutes out of every hour,” she could not perform work that exists in significant numbers in the national economy because the person “would not be competitively employable.” Thus, there is no need for further proceedings. We reverse and remand for an award of benefits.

REVERSED; REMANDED for an award of benefits.