Guiseppe LOMBARDO, Plaintiff-Appellant, v. Richard S. SCHWEIKER, Sec'y of Health & Human Servs., Defendant-Appellee, 749 F.2d 565 (9th Cir. 1984). · Go Syfert
Guiseppe LOMBARDO, Plaintiff-Appellant, v. Richard S. SCHWEIKER, Sec'y of Health & Human Servs., Defendant-Appellee, 749 F.2d 565 (9th Cir. 1984). Cases Citing This Book View Copy Cite
51 citation events (27 in the last 25 years) across 14 distinct courts.
Strongest positive: Dora G Lopez v. Commissioner of Social Security Administration (cacd, 2021-09-30)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 37 distinct citers. How cited ↗
discussed Cited as authority (rule) Dora G Lopez v. Commissioner of Social Security Administration
C.D. Cal. · 2021 · confidence medium
Wolff v. Barnhart, 341 F.3d 1006 , 22 1012 (9th Cir. 2003) (ALJs do not have discuss evidence that is neither significant 23 nor probative); Lombardo v. Schweiker, 749 F.2d 565, 567 (9th Cir. 1984) (ALJ 24 properly disregarded opinion that was based on examination from one and one half 25 years after the expiration of plaintiff’s insured status); see also Wallace v. 26 Berryhill, 2017 WL 3835169 , at *3 (C.D.
discussed Cited as authority (rule) Bubna v. Saul
D. Nev. · 2021 · confidence medium
In Schalk v. Berryhill, the ALJ “reasonably 10 discounted” a physician’s opinion because the doctor’s examination and opinion occurred after the 11 DLI and “she did not indicate how these limitations would have applied in the past.” 734 Fed.Appx. 12 475, 478 (9th Cir. 2018) (unpublished) (citing Lombardo v. Schweiker, 749 F.2d 565, 567 (9th 13 Cir. 1984) (holding that it was appropriate for the ALJ to discount an opinion rendered a year and a half 14 after the date last insured)).
discussed Cited as authority (rule) Cheri L. Esslinger v. Michael Astrue
9th Cir. · 2012 · confidence medium
Lombardo v. Schweiker, 749 F.2d 565, 566 (9th Cir.1984). 2 In light of these errors, we reverse and remand so that the ALJ can complete the five-step sequential evaluation giving full credit to the opinions of Drs.
cited Cited as authority (rule) Stubbs v. Social Security Administration
9th Cir. · 2011 · confidence medium
Lombardo v. Schweiker, 749 F.2d 565, 567 (9th Cir.1984) (per curiam).
cited Cited as authority (rule) JONKER v. Astrue
C.D. Cal. · 2010 · confidence medium
Macri v. Chater, 93 F.3d 540, 545 (9th Cir.1996) (citing Lombardo v. Schweiker, 749 F.2d 565, 567 (9th Cir.1984) (per curiam)).
discussed Cited as authority (rule) Kelso v. U.S. Department of State (2×) also: Cited "see, e.g."
D.D.C. · 1998 · confidence medium
See Aviation Enters., Inc., 716 F.2d at 1408; Nader v. Volpe, 466 F.2d 261, 272 (D.C.Cir.1972); Wolcott v. Ginsburg, 697 F.Supp. 540, 543 (D.D.C.1988); Lombardo v. Schweiker, 749 F.2d 565, 567 (9th Cir.1984).
discussed Cited as authority (rule) Calsadillas v. Apfel
C.D. Cal. · 1998 · confidence medium
The ALJ rejected Dr. McKinley’s 1990 and 1991 disability reports (A.R.224-225, 231, 272-273), which were based upon a May 1989 electromyogram (A.R.238), because that test was contradicted by the results of other diagnostic tests (MRIs, CT scans, x-rays, and a lumbar myelogram) conducted at the same time or within months thereafter. 7 (A.R. 206-207, 210-212, 217, 231, 235, 237, 239.) See 20 C.F.R. § 404.1527 (1997); Lombardo v. Schweiker, 749 F.2d 565, 567 (9th Cir.1984.) 8 Furthermore, Dr. McKinley’s opinion was contradicted by the reports of Dr. Hyshaw, plaintiffs own neurologist, and th…
discussed Cited as authority (rule) Gecevic v. Secretary of Health and Human Services
E.D.N.Y · 1995 · confidence medium
Sept. 30, 1987) (“The Secretary is entitled to give greater weight to the opinion of a physician specializing in the field of plaintiffs impairment, rather than an opinion of a general practitioner.” (citations omitted)); Lombardo v. Schweiker, 749 F.2d 565, 566 (9th Cir.1984) (citations omitted).
discussed Cited as authority (rule) Mariyeta Markarian v. Secretary of Health and Human Services
9th Cir. · 1992 · confidence medium
See Miller v. Heckler, 770 F.2d 845, 849 (9th Cir.1985) (contradictory medical opinion based on independent clinical findings can override treating physician's opinion); Lombardo v. Schweiker, 749 F.2d 565, 566 (9th Cir.1984) (medical specialist's testimony may outweigh treating physician's opinion). 8 The ALJ also considered evidence regarding Markarian's mental problems.
discussed Cited as authority (rule) Marcia C. BUNNELL, Plaintiff-Appellee, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-Appellant (2×)
9th Cir. · 1990 · confidence medium
Bergman and Matsen’s evaluation, performed at Dr. Orchard’s request and supplied to Dr. Orchard, was in effect Dr. Orchard’s best clinical evidence regarding Bunnell’s condition, and was the opinion of specialists to which we generally ascribe greater weight than we do to the opinion of a general practitioner, see Lombardo v. Schweiker, 749 F.2d 565, 566 (9th Cir.1984), it is not at all surprising that the Secretary concluded that “[t]he clinical and laboratory findings furnished by Dr. Orchard ... do not support his opinion as to [Bunnell’s] residual functional capacity.” We the…
cited Cited as authority (rule) Arthur RICE, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-Appellee
9th Cir. · 1990 · confidence medium
Moreover, “the decision of an AU is binding only if neither party requests a review of the decision.” Lombardo v. Schweiker, 749 F.2d 565, 567 (9th Cir.1984) (per curiam).
cited Cited as authority (rule) Nena W. RODRIGUEZ, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee
9th Cir. · 1989 · confidence medium
A similar argument applies to the other principal case cited to us by the Secretary, Lombardo v. Schweiker, 749 F.2d 565, 566-67 (9th Cir.1985).
discussed Cited as authority (rule) Jacqueline W. DAVIS, Plaintiff-Appellant, v. Margaret M. HECKLER, Defendant-Appellee
9th Cir. · 1989 · confidence medium
Fife v. Heckler, 767 F.2d 1427, 1431 (9th Cir.1985); Gallant v. Heckler, 753 F.2d 1450, 1454 (9th Cir.1984); Coats v. Heckler, 733 F.2d 1338, 1340 (9th Cir.1984); Montijo v. Secretary of Health and Human Services, 729 F.2d 599, 601 (9th Cir.1984); Delgado v. Heckler, 722 F.2d 570, 574 (9th Cir.1983); Rhodes v. Schweiker, 660 F.2d 722, 723 (9th Cir.1981); see also Albrecht v. Heckler, 765 F.2d 914, 915 (9th Cir.1985); Lombardo v. Schweiker, 749 F.2d 565, 566 (9th Cir.1984).
cited Cited as authority (rule) Holst v. Bowen
E.D. Wash. · 1986 · confidence medium
Ostensibly on point is Lombardo v. Schweiker, 749 F.2d 565, 567 (9th Cir.1984).
cited Cited as authority (rule) Peter EICHLER and Basil Witt, Petitioners, v. the SECURITIES AND EXCHANGE COMMISSION, Respondent
9th Cir. · 1985 · confidence medium
If the evidence is susceptible of more than one rational interpretation, we must uphold the SEC’s findings. 2 See Lombardo v. Schweiker, 749 F.2d 565, 566 (9th Cir.1984).
discussed Cited "see" Veronica Martinez v. Commissioner of Social Security Administration
D. Ariz. · 2026 · signal: see · confidence high
See Lombardo v. 17 Schweiker, 749 F.2d 565, 567 (9th Cir. 1984) (concluding that the ALJ properly 18 disregarded opinion of treating physician who examined claimant a year and a half after 19 the relevant period). 20 3.
discussed Cited "see" Camarillo v. O'Malley
N.D. Cal. · 2025 · signal: see · confidence high
See Lombardo v. Schweiker, 749 F.2d 565, 567 (9th Cir. 1984) (finding 18 that the ALJ could reasonably consider the remoteness of an opinion where the medical opinion 19 was based on an examination one and a half years after the plaintiff’s date of last insured). 20 Further, as discussed above, Plaintiff has not demonstrated that the ALJ erred in finding that 21 Plaintiff’s degenerative disc disease was a severe impairment during the relevant period, and that 22 Ms. Furst’s opinion’s reliance on Plaintiff’s degenerative disc disease would not be probative of 23 her capabilities almos…
discussed Cited "see" (SS) Sanchez de Mendoza v. Commissioner of Social Security
E.D. Cal. · 2024 · signal: see · confidence high
See Lombardo v. 3 Schweiker, 749 F.2d 565, 567 (9th Cir. 1984) (ALJ properly disregards opinion of a treating 4 physician who examined claimant a year and a half after the relevant period).
discussed Cited "see" (SS) Parker v. Commissioner of Social Security
E.D. Cal. · 2023 · signal: see · confidence high
See Lombardo v. 4 | Schweiker, 749 F.2d 565, 566 (9th Cir. 1984) (ALJ “reasonably evaluated the remoteness of [the 5 || psychiatrist’s] examination” that took place one and a half years after the expiration of the insured 6 || period when discounting the psychiatrist’s opinion, because claimant “chad to show that he was 7 || disabled within the meaning of the Social Security Act before his coverage expired”).
cited Cited "see" Margaret Scott v. Kilolo Kijakazi
9th Cir. · 2022 · signal: see · confidence high
See Lombardo v. Schweiker, 749 F.2d 565, 567 (9th Cir. 1984).
discussed Cited "see" Kellie Harrington v. Andrew Saul
9th Cir. · 2021 · signal: see · confidence high
See Lombardo v. Schweiker, 749 F.2d 565, 567 (9th Cir. 1984) (affirming rejection of medical opinion because 3 examination occurred one and a half years after the time period at issue).
discussed Cited "see" Manly v. Commissioner of Social Security
W.D. Wash. · 2021 · signal: see · confidence high
See Macri v. Chater, 93 9 F.3d 540 , 545 (9th Cir. 1996) (citing Lombardo v. Schweiker, 749 F.2d 565, 567 (9th Cir. 1984)). 10 Furthermore, the ALJ reasonably rejected Dr. McCormick’s opinions as inconsistent with the 11 medical evidence—just as he did with Dr. Glover’s opinions.
discussed Cited "see" (SS) Bogart v. Commissioner of Social Security
E.D. Cal. · 2020 · signal: see · confidence high
See Lombardo v. Schweiker, 749 F.2d 565, 567 (9th Cir. 1984) (ALJ properly 16 disregarded opinion of treating physician who examined claimant a year and a half after the 17 relevant period).
discussed Cited "see" (SS) Davidson v. Commissioner of Social Security
E.D. Cal. · 2020 · signal: see · confidence high
See Lombardo v. Schweiker, 749 F.2d 565, 567 (9th Cir. 1984) (finding no error where an ALJ 24 disregarded the opinion of a psychiatrist who examined claimant one and a half years after the expiration of insured status). 25 4 At oral argument, counsel for the Commissioner pointed to claimant’s divorce as a possible justification for declining mental state, but the record indicates that claimant’s divorce came 26 roughly five years prior to Dr. Michiel’s examination. 27 5 The ALJ further stated that she gave “little weight” to Dr. Michiel’s estimate that claimant had a 48 Global Ass…
discussed Cited "see" Anthony Schalk v. Nancy Berryhill
9th Cir. · 2018 · signal: see · confidence high
See Lombardo v. Schweiker, 749 F.2d 565, 567 (9th Cir. 1984) (holding that it was appropriate for the ALJ to discount an opinion rendered a year and a half after the date last insured).
discussed Cited "see" Craig Allums v. Carolyn Colvin
9th Cir. · 2016 · signal: see · confidence high
See Lombardo v. Schweiker, 749 F.2d 565, 567 (9th Cir.1984) (per curiam) (ALJ was not required to consider the opinion of “a psychiatrist who examined [the claimant] ... one and a half years, after the expiration of [his] insured status”).
cited Cited "see" Greenwalt-Baltrons v. Astrue
9th Cir. · 2009 · signal: see · confidence high
See Lombardo v. Schweiker, 749 F.2d 565, 567 (9th Cir.1984).
cited Cited "see" Greenwalt-Baltrons v. Astrue
9th Cir. · 2009 · signal: see · confidence high
See Lombardo v. Schweiker, 749 F.2d 565, 567 (9th Cir.1984).
cited Cited "see" Brennan v. Barnhart
9th Cir. · 2006 · signal: see · confidence high
See Lombardo v. Schweiker, 749 F.2d 565, 567 (9th Cir.1984).
discussed Cited "see" 51 soc.sec.rep.ser. 443, unempl.ins.rep. (Cch) P 15517b, 96 Cal. Daily Op. Serv. 5959, 96 Daily Journal D.A.R. 9763 Giuseppe MacRi v. Shirley S. Chater, Commissioner of Social Security (2×)
9th Cir. · 1996 · signal: see · confidence high
See Lombardo v. Schweiker, 749 F.2d 565, 567 (9th Cir.1984) (per curiam). 21 Here, none of Macri's applications for disability insurance benefits mentions any impairment other than his back injury.
discussed Cited "see" Macri v. Chater (2×)
9th Cir. · 1996 · signal: see · confidence high
See Lombardo v. Schweiker, 749 F.2d 565, 567 (9th Cir.1984) (per curiam).
discussed Cited "see" Gerald Schulte v. Donna E. Shalala, Secretary of Health and Human Services
9th Cir. · 1994 · signal: see · confidence high
See Lombardo v. Schweiker, 749 F.2d 565, 566 (9th Cir.1984) (per curiam) (quoting Alvarado v. Weinberger, 511 F.2d 1046, 1049 (1st Cir.1975) ("The medical opinion of specialists may be entitled to greater weight than that of general practitioners.")). 11 These are all specific, legitimate reasons supporting the ALJ's decision to reject Dr. Ronaghy's testimony.
cited Cited "see" Sandor Szemerey v. Donna E. Shalala Secretary
9th Cir. · 1993 · signal: see · confidence high
See Lombardo v. Schweiker, 749 F.2d 565, 566-67 (9th Cir.1984). 8 AFFIRMED. * The panel unanimously finds this case suitable for submission on the record and briefs and without oral argument.
cited Cited "see, e.g." Bordner v. Saul
M.D. Penn. · 2022 · signal: see also · confidence medium
See 20 C.F.R. § 404.131 ; Matullo v. Bowen, 926 F.2d 240, 244 (3d Cir. 1990); see also Lombardo v. Schweiker, 749 F.2d 565, 567 (9th Cir. 1984).
discussed Cited "see, e.g." Roach v. Saul
N.D. Cal. · 2020 · signal: see, e.g. · confidence medium
See, e.g., Lombardo v. Schweiker, 749 F.2d 565, 567 (9th Cir. 1984) (holding 14 that it was appropriate for the ALJ to discount an opinion rendered a year and a half after the date 15 last insured).
cited Cited "see, e.g." Richard MATULLO, Appellant, v. Otis R. BOWEN, Secretary
3rd Cir. · 1990 · signal: see also · confidence medium
See also Lombardo v. Schweiker, 749 F.2d 565, 567 (9th Cir.1984).
cited Cited "see, e.g." Rodney BURKHART, Plaintiff-Appellant, v. Otis R. BOWEN, Defendant-Appellee
9th Cir. · 1988 · signal: see, e.g. · confidence medium
See, e.g., Lombardo v. Schweiker, 749 F.2d 565, 567 (9th Cir.1984).
Retrieving the full opinion text from the archive…
8 soc.sec.rep.ser. 55, unempl.ins.rep. Cch 15,674 Guiseppe Lombardo
v.
Richard S. Schweiker, Secretary of Health and Human Services
83-5673.
Court of Appeals for the Ninth Circuit.
Dec 11, 1984.
749 F.2d 565
1984 U.S. App. LEXIS 16012
John P. Blumberg, Law Offices of Myron Blumberg, Long Beach, Cal., for plaintiff-appellant., Gary Floerchinger, Asst. Regional Atty., Dept, of Health & Human Services, San Francisco, Cal., for defendant-appellee.
Choy, Skopil, Price.
Cited by 41 opinions  |  Published
PER CURIAM:

Appellant Guiseppe Lombardo applied for Social Security benefits alleging disability as of October 1973 due to neck and back ailments. An administrative law judge (ALJ) found that Lombardo was entitled to disability benefits for the period from October 1973 to October 1974. After Lombardo requested a review, the Appeals Council vacated the decision and remanded the case.

On remand, another ALJ found that Lombardo was not entitled to disability benefits prior to September 30, 1976, the expiration date of his insured status. The AU concluded that Lombardo retained the residual functional capacity to engage in sedentary or light work. This became the final decision of the Secretary of Health and Human Services (Secretary) when the Appeals Council denied Lombardo’s request for a review. Lombardo petitioned for judicial review, and the United States District Court for the Central District of California, adopting a magistrate's recommendation, granted the Secretary’s motion for summary judgment. We affirm.

This court’s scope of review is limited to whether substantial evidence supports the Secretary’s decision. See Kornock v. Harris, 648 F.2d 525, 526 (9th Cir.1980). Substantial evidence is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 842 (1971). If the evidence is susceptible of more than one rational interpretation, this court must uphold the Secretary’s decision. Sample v. Schweiker, 694 F.2d 639, 642 (9th Cir.1982).

In this case, the Secretary’s findings of fact are supported by substantial evidence and must be affirmed. See Kornock v. Harris, 648 F.2d at 526; 42 U.S.C. § 405(g) (1982). The AU relied principally on the opinion of Dr. Cohen, who concluded that Lombardo’s physical condition did not preclude him from working. Dr. Cohen’s report was consistent with the findings of other examining physicians.

Lombardo argues that the AU erred in giving “little or no weight” to the testimony of the treating and family physician, Dr. Tavoularis, who concluded that Lombardo should not return to work. The AU, however, was not required to give Dr. Tavoularis’ opinion conclusive effect even though he was the treating and family physician. See Montijo v. Secretary of Health and Human Services, 729 F.2d 599, 601 (9th Cir.1984); 20 C.F.R. § 404.1527 (1983); see also Alvarado v. Weinberger, 511 F.2d 1046, 1049 (1st Cir.1975) (“The medical opinion of specialists may be entitled to greater weight than that of general practioners.”).

Lombardo next argues that the AU was required to give clear and convincing reasons for rejecting Dr. Tavoularis’ opinion.

See Maounis v. Heckler, 738 F.2d 1032 (9th Cir.1984); Coats v. Heckler, 733 F.2d 1338 (9th Cir.1984). We need not decide, however, the issue of whether an ALJ must give clear and convincing reasons for rejecting a treating physician’s testimony that is contradicted by other medical evidence. After an examination of the administrative record, we conclude that the ALJ here did set forth clear and convincing rea[*567] sons for rejecting Dr. Tavoularis testimony.

In the ALJ’s detailed evaluation of the medical evidence, he noted that Dr. Tavoularis initially suspected a herniating disc at C5-6. The ALJ, however, rejected Dr. Tavoularis’ observation, stating:

[R]eview of rather complete orthopedic and neurological evaluation by Dr. Koch in February 1979 (Ex. 45) establishes that while there was some spurring at C3-4, C4-5, and C5-6, there was no major neurologic abnormality such as disc herniation or nerve root compression but that the claimant had ‘sustained significant sprain and strain injury on September 15, 1973. The objective medical evidence thus fails to establish severe impairment capable of causing symptoms or limitations that would preclude either semi-sedentary or light work for any period approaching one year.

Admin. Rec. at 23. The ALJ later gave additional reasons for rejecting Dr. Tavoularis’ opinion that claimant was disabled since September 1973, stating:

The preponderance of the substantial credible medical evidence discloses that since September 1973, the claimant has been and is capable of semi-sedentary or light work. This statement is supported by Dr. Cohen’s findings and opinion of November 1974, and Dr. Koch’s rather thorough review of February 1979. Opinion by the claimant’s treating physician, Dr. Tavoularis, that the claimant has been disabled since September 1973 merits little or no weight since this opinion is not supported by the available clinical findings (see 20 CFR 404.1526 and 416.926).

We therefore conclude that the AU set forth sufficient reasons for rejecting the treating physician’s testimony.

Lombardo also argues that the AU improperly disregarded the opinion of Dr. Ve-rin, a psychiatrist who examined Lombardo on February 10, 1978, one and a half years after the expiration of Lombardo’s insured status. Lombardo, however, had to show that he was disabled within the meaning of the Social Security Act before his coverage expired. Harmon v. Finch, 460 F.2d 1229, 1231 (9th Cir.), cert. denied, 409 U.S. 1063, 93 S.Ct. 571, 34 L.Ed.2d 515 (1972). The ALJ, therefore, reasonably evaluated the remoteness of Dr. Verin’s examination in weighing the value of his opinion.

Lombardo’s contention that the AU failed to consider the combined effect of his impairments is without merit. He does not substantiate this allegation. Furthermore, the summaries of the many physicians’ reports suggest just the opposite; the physicians subjected Lombardo to rigorous and thorough examination. See Richardson v. Perales, 402 U.S. at 404, 91 S.Ct. at 1428.

Finally, Lombardo contends that res judicata effect should have been given to the finding of the first AU who decided that Lombardo was entitled to disability benefits for the period from October 1973 to October 1974. The decision of an ALJ is binding only if neither party requests a review of the decision. See 20 C.F.R. § 404.955(a) (1983). Lombardo, however, requested the Appeals Council to review this decision. The Appeals Council vacated the decision and remanded the case to another ALJ. Lombardo, therefore, may not now claim that the decision of the first AU has res judicata effect.

AFFIRMED.