Mildred R. TAYLOR, Plaintiff-Appellant, v. Margaret M. HECKLER, Sec'y of Health & Human Servs., Defendant-Appellee, 765 F.2d 872 (9th Cir. 1985). · Go Syfert
Mildred R. TAYLOR, Plaintiff-Appellant, v. Margaret M. HECKLER, Sec'y of Health & Human Servs., Defendant-Appellee, 765 F.2d 872 (9th Cir. 1985). Cases Citing This Book View Copy Cite
“the principal of res judicata applies to 20 findings and decisions on the merits which become final as a result of a claimant's 21 failure to seek administrative review after notice of an adverse decision.”
230 citation events (73 in the last 25 years) across 25 distinct courts.
Strongest positive: Dalka v. Commissioner of Social Security (idd, 2020-11-30)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
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discussed Cited as authority (verbatim quote) Dalka v. Commissioner of Social Security
D. Idaho · 2020 · quote attribution · 1 verbatim quote · confidence high
the principle of res judicata applies to findings and decisions on the merits which become final as a result of a claimant's failure to seek administrative review after notice of an adverse decision.
examined Cited as authority (verbatim quote) Ownby v. Commissioner of Social Security
E.D. Wash. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
the principal of res judicata applies to 20 findings and decisions on the merits which become final as a result of a claimant's 21 failure to seek administrative review after notice of an adverse decision.
discussed Cited as authority (rule) Soliman v. Kijakazi
N.D. Cal. · 2025 · confidence medium
The burden of showing that an 21 error is harmful normally falls upon the party attacking the agency’s determination.” Molina, 674 22 F.3d at 1111 (quotation omitted). 23 Judicial review is limited to the Commissioner’s “final decision.” 42 U.S.C. § 405 (g). 24 Here, although Plaintiff challenges the ALJ’s findings, the Appeals Council’s decision after 25 granting review, rather than the ALJ’s decision, is the Commissioner’s final decision in this case. 26 See 20 C.F.R. §§ 404.955 , 404.979, 404.981; Taylor v. Heckler, 765 F.2d 872, 875 (9th Cir. 27 1985).
discussed Cited as authority (rule) (SS) Fane v. Commissioner of Social Security
E.D. Cal. · 2024 · confidence medium
Wash. 2014). “[I]n order to overcome the presumption of continuing nondisability arising 2 from the first administrative law judge’s findings of nondisability, [a claimant] must prove 3 ‘changed circumstances’ indicating a greater disability.” Chavez, 844 F.2d at 693 (quoting Taylor 4 v. Heckler, 765 F.2d 872, 875 (9th Cir.1985)).
discussed Cited as authority (rule) (SS) Riddle v. Commissioner of Social Security
E.D. Cal. · 2024 · confidence medium
However, a plaintiff can rebut that presumption by 15 showing that there are “changed circumstances.” Lester v. Chater, 81 F.3d 821, 827 (9th Cir. 16 1995), superseded on other grounds by 20 C.F.R. parts 404 & 416, (quoting Taylor v. Heckler, 17 765 F.2d 872, 875 (9th Cir. 1985)).
discussed Cited as authority (rule) Qualls v. Kijakazi
D. Nev. · 2024 · confidence medium
Id. 21 To overcome this presumption, the administrative law judge must prove “changed circumstances 22 indicating a greater disability.” Id. (quoting Taylor v. Heckler, 765 F.2d 872, 875 (9th Cir. 1985) 23 (cleaned up). 24 During the first hearing in 2015, ALJ Jenkins asked the vocational expert a hypothetical 25 question about a person with Plaintiff’s conditions who also required a cane to ambulate.
discussed Cited as authority (rule) (SS) Gutierrez v. Commissioner of Social Security
E.D. Cal. · 2024 · confidence medium
To overcome the presumption of continuing non-disability that 12 arises from the prior administrative law judge’s findings of non-disability, the claimant must prove 13 “changed circumstances” affecting the issue of disability during the unadjudicated period, such as 14 an increased severity of an impairment or an alleged impairment not previously considered. 15 Chavez, 844 F.2d at 693 ; Taylor v. Heckler, 765 F.2d 872, 875 (9th Cir. 1985); Gregory v. Bowen, 16 844 F.2d 664, 666 (9th Cir. 1988). 17 2.
cited Cited as authority (rule) Haase v. Commissioner of Social Security
W.D. Wash. · 2024 · confidence medium
Keyes v. Sullivan, 894 F.2d 22 1053, 1055 (citing Taylor v. Heckler, 765 F.2d 872, 875 (9th Cir. 1985)). 23 24 1 III.
discussed Cited as authority (rule) Sullivan v. Kijakazi
S.D. Cal. · 2024 · confidence medium
Specifically, the 27 28 1 Ninth Circuit in Chavez explained that, since principles of res judicata apply to 2 administrative decisions, if a claimant has previously been denied disability benefits, “in 3 order to overcome the presumption of continuing nondisability arising from the first 4 administrative law judge’s findings of nondisability, [the claimant] must prove ‘changed 5 circumstances’ indicating a greater disability.” 844 F.2d at 693 (quoting Taylor v. Heckler, 6 765 F.2d 872, 875 (9th Cir. 1985)). 7 On July 30, 2021, the ALJ issued an unfavorable decision denying Plaintiff�…
discussed Cited as authority (rule) (SS) Sanchez de Mendoza v. Commissioner of Social Security
E.D. Cal. · 2024 · confidence medium
To overcome this presumption of continuing nondisability, the claimant “must 5 prove ‘changed circumstances’ indicating a greater disability.” Id. (where the defendant failed to 6 identify “new” information that “had not been presented to the first” ALJ, it was error for the 7 second ALJ to have “reopened the prior [ALJ’s] determinations concerning the claimant’s ability 8 to perform his past relevant work”) (quoting Taylor v. Heckler, 765 F.2d 872, 875 (9th Cir. 9 1985)); cf. Stubbs-Danielson, 539 F.3d at 1172-73 (where “[t]he entirety of the medical 10 evaluations p…
discussed Cited as authority (rule) Utz v. Kijakazi
E.D. Wash. · 2024 · confidence medium
To overcome this presumption, 1 Plaintiff was required to “prove ‘changed circumstances’ indicating a greater 2 disability.” Id. (quoting Taylor v. Heckler, 765 F.2d 872, 875 (9th Cir. 1985)). 3 The ALJ here determined that the presumption of continuing non-disability 4 was rebutted “in a threshold sense” by the addition of some new alleged non- 5 severe impairments and updates to the musculoskeletal and mental listings.
discussed Cited as authority (rule) (SS) Williams v. Commissioner of Social Security
E.D. Cal. · 2023 · confidence medium
To 18 overcome this presumption of continuing nondisability, the claimant “must prove ‘changed 19 circumstances’ indicating a greater disability.” Id. (because the defendant failed to identify “new” 20 information that “had not been presented to the first” ALJ, it was error for the second ALJ to have 21 “reopened the prior [ALJ’s] determinations concerning the claimant’s ability to perform his past 22 relevant work”) (quoting Taylor v. Heckler, 765 F.2d 872, 875 (9th Cir. 1985)); cf. Stubbs– 23 Danielson v. Astrue, 539 F.3d 1169 , 1172–73 (9th Cir. 2008) (where “[…
discussed Cited as authority (rule) Jennifer Weiss v. Kilolo Kijakazi
9th Cir. · 2023 · confidence medium
When an ALJ has previously determined that a claimant is not disabled, there is a “presumption of continuing nondisability” which the claimant must overcome by “prov[ing] ‘changed circumstances’ indicating a greater disability.” Id. (quoting Taylor v. Heckler, 765 F.2d 872, 875 (9th Cir. 1985)).
discussed Cited as authority (rule) (SS)(PS) Slattery v. Commissioner of Social Security
E.D. Cal. · 2023 · confidence medium
As the result of plaintiff’s 1 prior applications and the subsequent ALJ decision, however, the issue of the date of plaintiff’s 2 onset of disability, had long been decided. 3 “The principal of res judicata applies to findings and decisions on the merits which 4 become final as a result of a claimant’s failure to seek administrative review after notice of an 5 adverse decision.” Taylor v. Heckler, 765 F.2d 872, 876 (9th Cir. 1985).
discussed Cited as authority (rule) (SS) Perales v. Commissioner of Social Security
E.D. Cal. · 2022 · confidence medium
However, a plaintiff can rebut that presumption by showing that there are 20 “changed circumstances.” Lester v. Chater, 81 F.3d 821, 827 (9th Cir. 1995) (quoting Taylor v. 21 Heckler, 765 F.2d 872, 875 (9th Cir. 1985)).
cited Cited as authority (rule) Javier v. Kijakazi
D. Haw. · 2022 · confidence medium
Taylor v. Heckler, 765 F.2d 872, 875 (9th Cir. 1985).
discussed Cited as authority (rule) (SS) Guerrero v. Commissioner of Social Security (2×) also: Cited "see"
E.D. Cal. · 2022 · confidence medium
To 3 overcome this presumption of continuing nondisability, the claimant “must prove ‘changed 4 circumstances’ indicating a greater disability.” Id. (because the defendant failed to identify “new” 5 information that “had not been presented to the first” ALJ, it was error for the second ALJ to have 6 “reopened the prior [ALJ’s] determinations concerning the claimant’s ability to perform his past 7 relevant work”) (quoting Taylor v. Heckler, 765 F.2d 872, 875 (9th Cir. 1985)); cf. Stubbs– 8 Danielson v. Astrue, 539 F.3d 1169 , 1172–73 (9th Cir. 2008) (where “[t]he e…
discussed Cited as authority (rule) (SS)Young v. Commissioner of Social Security
E.D. Cal. · 2022 · confidence medium
Although section 404.988 grants the Commissioner 8 discretion to reopen final decisions, it does not impose an affirmative obligation on the 9 Commissioner to do so.2 See Taylor v. Heckler, 765 F.2d 872, 877 (9th Cir.1985) (“The 10 Secretary’s decision to reopen a claim is purely discretionary.”).
discussed Cited as authority (rule) Meadville v. Commissioner of Social Security Administration
D. Ariz. · 2022 · confidence medium
See Lester v. Chater, 81 F.3d 821, 827 (9th Cir. 1995) (amended April 9, 1996); 20 Miller v. Heckler, 770 F.2d 845, 848 (9th Cir. 1985). 21 But this presumption may be overcome if there are “changed circumstances.” See 22 Taylor v. Heckler, 765 F.2d 872, 875 (9th Cir. 1985).
discussed Cited as authority (rule) Meadville v. Commissioner of Social Security Administration
D. Ariz. · 2022 · confidence medium
See Lester v. Chater, 81 F.3d 821, 827 (9th Cir. 1995) (amended April 9, 1996); 18 Miller v. Heckler, 770 F.2d 845, 848 (9th Cir. 1985). 19 But this presumption may be overcome if there are “changed circumstances.” See 20 Taylor v. Heckler, 765 F.2d 872, 875 (9th Cir. 1985).
discussed Cited as authority (rule) Carroll v. Saul
D. Nev. · 2021 · confidence medium
“The claimant, in 6 order to overcome the presumption of continuing nondisability arising from the first administrative 7 law judge’s findings of nondisability, must prove ‘changed circumstances’ indicating a greater 8 disability.” Chavez, 844 F.2d at 693 (quoting Taylor v. Heckler, 765 F.2d 872, 875 (9th Cir. 1985). 9 3.
discussed Cited as authority (rule) White v. Saul
N.D. Cal. · 2021 · confidence medium
To overcome this 24 presumption, a claimant must prove “changed circumstances indicating a greater disability.” Id. 25 (quoting Taylor v. Heckler, 765 F.2d 872, 875 (9th Cir. 1985)); see also Acquiescence Ruling 97- 26 4(9), 1997 WL 742758 , at *3 (Dec. 3, 1997) (“A claimant may rebut the presumption by showing 27 a ‘changed circumstance’ affecting the issue of disability with respect to the unadjudicated period, 1 the severity of the claimant’s impairment(s), the alleged existence of an impairment(s) not 2 previously considered, or a change in the criteria for determining disabili…
discussed Cited as authority (rule) Mathewson v. Saul
S.D. Cal. · 2021 · confidence medium
Id. at 693 . “[I]n 16 order to overcome the presumption of continuing nondisability arising from the first 17 [ALJ’s] findings of nondisability,” the claimant “must prove ‘changed circumstances’ 18 indicating a greater disability.” Id. (quoting Taylor v. Heckler, 765 F.2d 872, 875 (9th Cir. 19 1985)).
cited Cited as authority (rule) Walker v. Commissioner Social Security Administration
D. Or. · 2020 · confidence medium
Taylor v. Heckler, 765 F.2d 872, 875 (9th Cir. 1985); Gregory v. Bowen, 844 F.2d 664, 666 (9th Cir. 1988).
discussed Cited as authority (rule) (SS) Briceno v. Commissioner of Social Security
E.D. Cal. · 2020 · confidence medium
For purposes of clarity and efficiency the court has combined the discussion of those claims. 27 4 Page number citations such as this one are to the page number reflected on the court’s CM/ECF 28 1 judge’s findings of nondisability” the plaintiff “must prove ‘changed circumstances’ indicating a 2 greater disability.” Chavez, 844 F.2d at 693 (quoting Taylor v. Heckler, 765 F.2d 872, 875 (9th 3 Cir. 1985)). 4 Here, the ALJ discussed the “prior decision” and found that although plaintiff had 5 demonstrated “changed circumstances” that were “more physically limiting,” pla…
cited Cited as authority (rule) Everson v. Commissioner Social Security Administration
D. Or. · 2020 · confidence medium
Taylor v. Heckler, 765 F.2d 872, 875 (9th Cir. 1985); Gregory v. Bowen, 844 F.2d 664, 666 (9th Cir. 1988).
discussed Cited as authority (rule) Thiel v. Commissioner Social Security Administration
D. Or. · 2020 · confidence medium
In order for a claimant to “overcome the presumption of continuing nondisability arising from the first administrative law judge’s findings of nondisability,” a claimant “must prove ‘changed circumstances’ indicating a greater disability.” Id. (citing Taylor v. Heckler, 765 F.2d 872, 875 (9th Cir. 1985)).
discussed Cited as authority (rule) Amber Lavender v. Andrew Saul
9th Cir. · 2020 · confidence medium
The ALJ did not err in discounting Dr. Irwin’s conclusion that Lavender “would have difficulty performing work activities on a consistent basis without special or additional instruction due to memory problems as well as learning problems.” “[T]o overcome the presumption of continuing nondisability arising from the first [ALJ’s] findings of nondisability,” Lavender needed to “prove ‘changed circumstances’ indicating a greater disability.” Chavez v. Bowen, 844 F.2d 691, 693 (9th Cir. 1988) (quoting Taylor v. Heckler, 765 F.2d 872, 875 (9th Cir. 1985)).
discussed Cited as authority (rule) Politte v. Commissioner of Social Security
S.D. Cal. · 2020 · confidence medium
Id. at 693 . “[I]n order to overcome the presumption of continuing 20 nondisability arising from the first [ALJ’s] findings of nondisability,” the claimant “must 21 prove ‘changed circumstances’ indicating a greater disability.” Id. (quoting Taylor v. 22 Heckler, 765 F.2d 872, 875 (9th Cir. 1985)).
cited Cited as authority (rule) McPhetridge v. Commissioner of Social Security
W.D. Wash. · 2020 · confidence medium
See 20 C.F.R. §§ 404.955 , 404.979, 404.981; Taylor 8 v. Heckler, 765 F.2d 872, 875 (9th Cir. 1985).
cited Cited as authority (rule) Owens v. Commissioner Social Security Administration
D. Or. · 2020 · confidence medium
Chavez, 844 F.2d at 693 (quoting Taylor v. Heckler, 765 F.2d 872, 875 (9th Cir. 1985)).
discussed Cited as authority (rule) May v. Commissioner of Social Security
W.D. Wash. · 2020 · confidence medium
(Dkt. # 11 at 2.) 5 Once an administrative decision becomes final, the Commissioner’s decision to reopen a 6 disability claim is “purely discretionary.” Taylor v. Heckler, 765 F.2d 872, 877 (9th Cir. 1985). 7 Because a discretionary decision is not a “final decision” within the meaning of 42 U.S.C. § 8 405(g), the Commissioner’s refusal to reopen a decision “is not a ‘final’ decision subject to 9 judicial review.” Id. (citations omitted); Lester v. Chater, 81 F.3d 821, 827 (9th Cir. 1995) (“As a 10 general matter, the Commissioner’s refusal to reopen her decision as to…
cited Cited as authority (rule) Valbush v. Commissioner of Social Security
W.D. Wash. · 2020 · confidence medium
However, the presumption does not apply if there are 7 “changed circumstances.” Taylor v. Heckler, 765 F.2d 872, 875 (9th Cir. 1985).
discussed Cited as authority (rule) Lang v. Commissioner of Social Security
E.D. Wash. · 2019 · confidence medium
ECF No. 12 at 10–11. 8 Because res judicata applies to administrative proceedings, an individual 9 who has previously applied for and been denied disability benefits must show 10 “‘changed circumstances’ indicating a greater disability.” Chavez v. Bowen, 844 11 F.2d 691 , 693 (9th Cir. 1988) (quoting Taylor v. Heckler, 765 F.2d 872, 875 (9th 12 Cir. 1985)).
discussed Cited as authority (rule) Dykens v. Commissioner of Social Security Administration
D. Ariz. · 2019 · confidence medium
Id. at 980–81; Taylor v. Heckler, 765 F.2d 872, 876 (9th Cir. 1985) (“[A] claimant 21 is not entitled to a hearing where she has failed to [timely] seek reconsideration . . . unless 22 she can prove ‘good cause’ for missing the deadline.” (citation omitted)). 23 Plaintiff maintains that, by failing to “consider any evidence that would refute the 24 [his] evidence of good cause,” (Doc. 1 at 4), the ALJ failed to satisfy even this requirement 25 of due process.
discussed Cited as authority (rule) Karen Dexter v. Carolyn W. Colvin
9th Cir. · 2013 · confidence medium
Because the SSA’s decision whether, for good cause shown, to entertain an untimely hearing request or reopen an earlier application is strictly discretionary, see Matlock v. Sullivan, 908 F.2d 492, 494 (9th Cir.1990); Taylor v. Heckler, 765 F.2d 872, 876-77 (9th Cir.1985), it is not final and thus not generally reviewable by a district court.
cited Cited as authority (rule) Casner v. Colvin
C.D. Cal. · 2013 · confidence medium
See 20 C.F.R. § 416.1481 ; Taylor v. Heckler, 765 F.2d 872, 875 (9th Cir.1985).
cited Cited as authority (rule) Propps v. Commissioner of Social Security Administration
9th Cir. · 2011 · confidence medium
Taylor v. Heckler, 765 F.2d 872, 875 (9th Cir.1985).
cited Cited as authority (rule) Gibb v. Commissioner of Social Security
9th Cir. · 2011 · confidence medium
The March 2003 denial of reconsideration became administratively final and binding when Gibb failed to seek further review. 20 C.F.R. § 404.921 ; Taylor v. Heckler, 765 F.2d 872, 876 (9th Cir.1985).
cited Cited as authority (rule) Jenkins v. Astrue
C.D. Cal. · 2009 · confidence medium
See 20 C.F.R. §§ 404.955 , 404.979, 404.981; Taylor v. Heckler, 765 F.2d 872, 875 (9th Cir.1985).
cited Cited as authority (rule) Davidson v. Astrue
C.D. Cal. · 2008 · confidence medium
Taylor v. Heckler, 765 F.2d 872, 875 (9th Cir.1985); Lyle v. Sec’y, 700 F.2d 566, 568 (9th Cir.1983).
discussed Cited as authority (rule) Crane v. Barnhart
9th Cir. · 2006 · confidence medium
Under 42 U.S.C. § 405 (b), once Crane appealed the ALJ’s determination on any grounds, the Commissioner “had unlimited authority to review the merits of the ALJ’s determination of disability under the Social Security Act and the applicable regulations.” Taylor v. Heckler, 765 F.2d 872, 875 (9th Cir.1985).
cited Cited as authority (rule) Cabe v. Barnhart
9th Cir. · 2006 · confidence medium
Taylor v. Heckler, 765 F.2d 872, 875 (9th Cir.1985).
discussed Cited as authority (rule) United States v. Tenet Healthcare Corp.
C.D. Cal. · 2004 · confidence medium
See, e.g., Lively v. Sec’y of Health and Human Servs., 820 F.2d 1391, 1392 (4th Cir.1987); Taylor v. Heckler, 765 F.2d 872, 876 (9th Cir.1985); Drummond v. Comm’r of Social Security, 126 F.3d 837, 842 (6th Cir.1997).
cited Cited as authority (rule) Musa v. Commissioner, Social Security Administration
9th Cir. · 2002 · confidence medium
Taylor v. Heckler, 765 F.2d 872, 877 (9th Cir.1985).
cited Cited as authority (rule) Ambarchyan v. Massanari
9th Cir. · 2001 · confidence medium
Taylor v. Heckler, 765 F.2d 872, 875 (9th Cir.1985).
cited Cited as authority (rule) Howard v. Apfel
W.D. Mo. · 1998 · confidence medium
Taylor v. Heckler, 765 F.2d 872, 876 (9th Cir.1985); Stuckey v. Weinberger, 488 F.2d 904, 909-11 (9th Cir.1973).
discussed Cited as authority (rule) Carl L. Wienke v. Shirley S. Chater, Commissioner, of the Social Security Administration
9th Cir. · 1997 · confidence medium
Taylor v. Heckler, 765 F.2d 872, 877 (9th Cir.1985). 1 13 Next, Wienke argues the ALJ failed to adequately develop the record because he did not consider the administrative record from Wienke's previous award of disability benefits.
discussed Cited as authority (rule) Uop, a General Partnership v. United States of America Bruce Babbitt, Secretary of the Interior
9th Cir. · 1996 · confidence medium
Taylor v. Heckler, 765 F.2d 872, 876 (9th Cir.1985); see also Chevron U.S.A., Inc. v. EPA, 908 F.2d 468, 470 (9th Cir.1990) (“The interest in administrative finality requires that some limitation be placed on the ability to challenge [agency] actions based on new evidence.”).
discussed Cited as authority (rule) Charles Walker, Jr. v. Shirley S. Chater , Commissioner, Social Security Administration (2×) also: Cited "see"
9th Cir. · 1996 · confidence medium
See Chavez v. Bowen, 844 F.2d 691, 693 (9th Cir.1988); Taylor v. Heckler, 765 F.2d 872, 875 (9th Cir.1985).
Retrieving the full opinion text from the archive…
10 soc.sec.rep.ser. 149, unempl.ins.rep. Cch 16,218 Mildred R. Taylor
v.
Margaret M. Heckler, Secretary of Health and Human Services
84-1646.
Court of Appeals for the Ninth Circuit.
Jul 9, 1985.
765 F.2d 872
A. Keith Lesar, Aptos, Cal., for plaintiff-appellant., Gary' L. Floerchinger, San Francisco, Cal., for defendant-appellee.
Kennedy, Alarcon, Nelson.
Cited by 171 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 64%
Citer courts: E.D. California (1)
ALARCON, Circuit Judge:

Mildred R. Taylor (hereinafter Taylor) appeals from the district court’s grant of summary judgment affirming the denial of her application for disability benefits by the Secretary of Health and Human Services (hereinafter the Secretary), 576 F.Supp. 1172. Taylor contends that the Secretary had no grounds for reversing the Administrative Law Judge’s (hereinafter AU) determination that she was indeed disabled as of May 1974, since that decision was supported by substantial evidence. She argues that the court should have reviewed the ALJ’s decision to determine whether it was supported by substantial evidence, rather than reviewing only the Secretary’s decision. Taylor also argues that her pain constitutes a recognized form of disability. Finally, she contends that the district court erred in concluding that it lacked jurisdiction to review the Secretary’s decision to not reopen Taylor’s 1976 application for disability benefits.

We address each of Taylor’s contentions and the facts pertinent thereto under separate headings.

1. Secretary’s Review of ALJ

Taylor asserts that the Secretary could not reverse the ALJ’s determination that Taylor was disabled if the ALJ’s finding was supported by substantial evidence.

42 U.S.C. § 405(b) specifically provides that the Secretary is authorized on her own motion to hold such hearings and conduct such investigations as she may deem necessary or proper for the administration of benefits. Further, under the administrative regulations which were promulgated to give effect to the scope and intent of the Social Security Act, the Secretary is authorized to review any decision of[*875] an AU on her own motion. 20 C.F.R. § 404.969. The regulations also provide for mandatory review where the ALJ’s decision is not supported by substantial evidence. 20 C.F.R. § 404.970(a)(3). In so doing, the Secretary may “consider the evidence in the [whole] record and any additional evidence it believes is material to an issue being considered.” 20 C.F.R. § 404.-976(b). The Secretary thus had unlimited authority to review the merits of the ALJ’s determination of disability under the Social Security Act and the applicable regulations. She was not required to adopt the particular findings of the AU even if those findings were supported by substantial evidence.

2. District Court’s Scope of Review

Taylor contends that the district court erred by limiting its scope of review to determining whether the Secretary’s conclusion that Taylor was not disabled was supported by substantial evidence. She argues that the district court should only have reviewed whether the AU’s decision was supported by substantial evidence since the Secretary derived her authority to review the AU from 20 C.F.R. § 404.-970(a)(3).

The Secretary is empowered to affirm, modify or reverse the AU’s decision. Such decision then becomes final and is binding upon the parties unless review is sought in district court. 20 C.F.R. § 404.-981.

“The court will set aside a denial of benefits only if the Secretary’s findings are based upon legal error or are not supported by substantial evidence in the record as a whole.” Kail v. Heckler, 722 F.2d 1496, 1497 (9th Cir.1984) (emphasis added). Judicial review is limited to “final decisions” of the Secretary. 42 U.S.C. § 405(g). The district court properly reviewed only the Secretary’s final decision.

3. Substantial Evidence

Taylor’s application for benefits in 1976 was denied due to her failure to prove that she was disabled as of December 1976. Since Taylor failed to seek review of that initial determination, the decision became final and binding on all parties to the action. 20 C.F.R. § 404.905. Taylor thus continued to carry the burden of proving disability in her 1981 application because the 1976 findings of non-disability created a presumption of continuing non-disability. Lyle v. Secretary, 700 F.2d 566, 568 (9th Cir.1983). The claimant can overcome this presumption by proving “changed circumstances” indicating a greater disability. Booz v. Secretary, 734 F.2d 1378, 1379-80 (9th Cir.1984). Here, it appears that Taylor’s condition had improved rather than deteriorated. The record indicates that between 1976 and 1978 Taylor experienced improvement in the nature of her limitations and pain allegedly suffered. She has therefore failed to show the requisite “changed circumstances.”

Even if the presumption were not applied, however, the Secretary’s decision must be affirmed. As we have noted, the Secretary's findings are conclusive if supported by substantial evidence. Substantial evidence means “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) (quoting Consolidated Edison Corp. v. N.L.R.B., 305 U.S. 197, 229, 59 S.Ct. 206, 216, 83 L.Ed. 126 (1938)); Sample v. Schweiker, 694 F.2d 639, 642 (9th Cir.1982). Because substantial evidence supports the Secretary’s finding that Taylor was not under a “disability,” as defined in the Social Security Act, at any time through the date of the decision, we cannot disturb it.

4. Pain As Disability

Taylor contends that the Secretary failed to give adequate consideration to the evidence of pain in determining that a disability had not been proved. She argues that a claimant’s complaints of pain cannot be disregarded solely because there is no objective evidence that proves the truth of the complaints.

[*876] A claimant’s subjective complaint of pain is by itself insufficient to establish disability. Sorenson v. Weinberger, 514 F.2d 1112, 1118 (9th Cir.1975). In order for pain to be disabling, subjective complaints must be accompanied by medical evidence. See Gonzales v. Harris, 631 F.2d 143, 146 (9th Cir.1980) (despite claimant’s testimony on pain, she failed to prove disability, in view of evidence of her activity and lack of medical evidence on her alleged disability); Gallagher v. Schweiker, 697 F.2d 82, 85 (2d Cir.1983) (although alleging severe pain, claimant failed to produce medical evidence indentifying underlying impairment and was therefore denied benefits).

The Secretary made a detailed review of the evidence presented in support of Taylor’s contention that her pain rendered her unable to engage in gainful activity. The Secretary found that the record failed to reveal evidence of severe impairment and concluded that it did not find statements made by the claimant and her witnesses that Taylor suffered from severe unremitting pain to be credible due to the lack of medical evidence to explain the nature of her complaints. The record supports the Secretary’s conclusion that Taylor’s complaints of pain were unsupported by medical evidence. The Secretary can disregard a claimant’s self-serving statements if they are unsupported by objective evidence. Maounis v. Heckler, 738 F.2d 1032, 1034 (9th Cir.1984), citing Coats v. Heckler, 733 F.2d 1338, 1340 (9th Cir.1984). In light of Taylor’s failure to substantiate her claim by clear medical evidence, we must uphold the Secretary’s decision.

5. Administrative res judicata

Taylor contends that the Secretary’s 1976 denial of her benefits never became “final” because Taylor was not. afforded the opportunity to have an administrative hearing for purposes of reconsideration. She argues that the Secretary’s contention that administrative finality, or res judicata, precludes review of the 1976 claim is incorrect. She further argues that it would be manifestly unjust to apply res judicata to her 1976 claim in the absence of a hearing held on the merits of the claim. Finally, she argues that the district court had jurisdiction over the Secretary’s decision not to reopen Taylor’s previous claim for benefits.

The Secretary was correct in concluding that res judicata precluded the AU from reviewing the merits of Taylor’s 1976 claim. After Taylor’s 1976 claim was initially decided, she had the right to request a reconsideration within 60 days after the date she received notice of the determination. 20 C.F.R. § 404.909. Taylor did not seek reconsideration. The initial determination therefore became binding and was considered to be the final decision of the Secretary. 20 C.F.R. § 404.905. The principal of res judicata applies to findings and decisions on the merits which become final as a result of a claimant’s failure to seek administrative review after notice of an adverse decision. Stuckey v, Weinberger, 488 F.2d 904, 909-11 (9th Cir.1973).

Taylor’s argument that res judicata should not bar a subsequent review of her claim because she was never afforded a hearing is unpersuasive. The regulations specifically provide that res judicata may be grounds for denying a hearing on a claim that has already become final. 20 C.F.R. § 404.957(c)(1). Further, this court has held that res judicata may apply even where the claimant never had a hearing, if the claimant has failed to pursue an appeal and has presented no new facts in a subsequent application to demonstrate that there may have been inadequate grounds to support a determination of non-disability on the previous application. Thompson v. Schweiker, 665 F.2d 936, 940 (9th Cir.1982).

Further, a claimant is not entitled to a hearing where she has failed to seek reconsideration within 60 days after receiving notification of an adverse determination unless she can prove “good cause” for missing the deadline. 20 C.F.R. § 404.911. The Secretary’s decision to allow a late reconsideration of an earlier claim is strictly discretionary. Taylor failed to prove she had “good cause” for missing the deadline in seeking an administrative hearing on her[*877] 1976 claim. She also failed to provide evidence that there were adequate grounds to prove disability based on the 1976 application. Consequently, the manifest injustice exception to res judicata does not apply to the facts of this case.

The Secretary reviewed the AU’s decision to “reopen” the 1976 claim and found that there were no grounds to reopen the claim under 20 C.F.R. § 404,989. The district court concluded that it did not have jurisdiction to review the Secretary’s decision not to reopen the 1976 claim. Taylor claims the court did have jurisdiction.

Once a decision becomes administratively final, the Secretary’s decision to reopen a claim is purely discretionary. Davis v. Schweiker, 665 F.2d 934, 935 (9th Cir.1982); 20 C.F.R. § 404.987(a). Discretionary decisions are not “final decisions” within the meaning of section 450(g). Id. at 935. Therefore, a refusal by the Secretary to reopen a previous decision is not a “final” decision subject to judicial review. Singer v. Schweiker, 694 F.2d 616, 617 (9th Cir.1982). Thus, the district court did not have jurisdiction under section 405(g) to review the Secretary’s decision to not reopen Taylor’s 1976 claim.

AFFIRMED.