Wanda GREGORY, Plaintiff-Appellant, v. Otis R. BOWEN, Sec'y of Health & Human Servs., Defendant-Appellee, 844 F.2d 664 (9th Cir. 1988). · Go Syfert
Wanda GREGORY, Plaintiff-Appellant, v. Otis R. BOWEN, Sec'y of Health & Human Servs., Defendant-Appellee, 844 F.2d 664 (9th Cir. 1988). Cases Citing This Book View Copy Cite
“furthermore, 15 substantial evidence indicated that the condition of gregory's back had remained constant for a 16 number of years and that her back problems had not prevented her from working over that 17 time.”
158 citation events (124 in the last 25 years) across 12 distinct courts.
Strongest positive: Rachel Christie Gonzalez v. Andrew Saul (cacd, 2022-03-29)
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discussed Cited as authority (verbatim quote) Rachel Christie Gonzalez v. Andrew Saul
C.D. Cal. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
ubstantial 16 evidence indicated that the condition of back had remained constant for 17 a number of years and that her back problems had not prevented her from working 18 over that time.
discussed Cited as authority (verbatim quote) (SS) Phillips v. Commissioner of Social Security
E.D. Cal. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
ubstantial evidence 2 indicated that condition . . . remained constant for a number of years and that her 3 back problems had not prevented her from working over that time.
examined Cited as authority (verbatim quote) Samson v. Commissioner of Social Security
W.D. Wash. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
furthermore, 15 substantial evidence indicated that the condition of gregory's back had remained constant for a 16 number of years and that her back problems had not prevented her from working over that 17 time.
discussed Cited as authority (verbatim quote) Tatyana Plummer v. Nancy Berryhill
9th Cir. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
the doctrine of res judicata should not be applied rigidly in administrative proceedings.
examined Cited as authority (quoted) Howell v. Commissioner of Social Security
W.D. Wash. · 2022 · quote attribution · 1 verbatim quote · confidence low
furthermore, substantial evidence indicated that the condition of 21 gregory's back had remained constant for a number of years and that her back problems had not 22 prevented her from working over that time.
discussed Cited as authority (quoted) Stacy Lee Hernandez v. Nancy Berryhill
C.D. Cal. · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence low
substantial evidence indicated that the 18 condition of gregory's back had remained constant for a number of 19 years and that her back problems had not prevented her from working 20 over that time
examined Cited as authority (rule) Sterling S. v. Commissioner of Social Security (3×) also: Cited "see, e.g."
D. Or. · 2026 · confidence medium
Thompson has arguably come to stand for the proposition that when a plaintiff “was not represented by counsel when [filing a previous claim], the rigid application of res judicata would be undesirable.” Gregory v. Bowen , 844 F. 2d 664, 666 (9th Cir. 1988) (noting comparison to Thompson, but not directly citing it for the proposition); see also, Lester v. Chater, 81 F. 3d 821, 827-28 (9th Cir. 1995) (“Nor is res judicata to be applied where the claimant was unrepresented by counsel at the time of the prior claim[,]” (citing Gregory 844 F. 2d at 666 )).
discussed Cited as authority (rule) Meiss v. Commissioner of Social Security Administration (2×)
D. Ariz. · 2025 · confidence medium
See Vasquez v. Astrue, 572 F.3d 586, 597 (9th Cir. 2009); 1 Chavez, 844 F.2d at 693 ; Gregory v. Bowen, 844 F.2d 664, 666 (9th Cir. 1988).
discussed Cited as authority (rule) Brown v. Bisignano
E.D. Wash. · 2025 · confidence medium
See Drouin v. Sullivan, 966 F.2d 1255, 1258 (9th Cir. 1992); Bray v. 20 Astrue, 554 F.3d 1219, 1227 (9th Cir. 2009) (upholding ALJ’s adverse credibility 21 determination in part because the claimant “recently worked as a personal 22 caregiver for two years, and has sought out other employment since then”); 23 Gregory v. Bowen, 844 F.2d 664, 667 (9th Cir. 1988) (finding that substantial 24 evidence supported determination that claimant’s back problems were not 25 disabling where her condition remained constant for several years and the 26 impairment had not prevented her from working du…
cited Cited as authority (rule) Alexander v. Commissioner Social Security
W.D. Wash. · 2025 · confidence medium
Gregory v. 16 Bowen, 844 F.2d 664, 667 (9th Cir. 1988).
discussed Cited as authority (rule) Hollenhors v. Commissioner Social Security Administration
D. Or. · 2024 · confidence medium
See, e.g., Ahearn v. Saul, 988 F.3d 1111 , 1117 (9th Cir. 2021) (noting that “the record shows [the claimant] was gainfully employed during his twenties” despite alleging disabling conditions, and holding that “[the claimant]’s work history provides substantial evidence to support the ALJ’s decision”); Gregory v. Bowen, 844 F.2d 664, 666 (9th Cir. 1988) (affirming the ALJ’s decision that the claimant’s “lengthy history of lower back problems did not render her disabled” where “substantial evidence indicated that . . . her back problems had not prevented her from working […
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.
discussed Cited as authority (rule) Grammer v. Commissioner Social Security Administration
D. Or. · 2023 · confidence medium
Tr. 24; 47. “[S]ubstantial evidence indicating Plaintiff’s condition remained constant for a number of years and had not prevented her from working over that time supports a finding of not disabled.” Gregory v. Bowen, 844 F.2d 664, 667 (9th Cir. 1988).
discussed Cited as authority (rule) Carroll v. Commissioner of Social Security
W.D. Wash. · 2023 · confidence medium
The 23 Ninth Circuit has held that when a plaintiff is unrepresented by counsel in the prior 24 1 applications, “the rigid application of res judicata would be undesirable.” Gregory v. 2 Bowen, 844 F.2d 664, 666 (9th Cir. 1988).
cited Cited as authority (rule) J. S. v. Kilolo Kijakazi
9th Cir. · 2023 · confidence medium
Gregory v. Bowen, 844 F.2d 664, 667 (9th Cir. 1988).
discussed Cited as authority (rule) Johnsen v. Commissioner Social Security Administration
D. Or. · 2023 · confidence medium
Gregory v. Bowen, 844 F.2d 664, 667 (9th Cir. 1988); SSR 84-25 (“[A] severely impaired person may have worked under conditions especially arranged to accommodate his or her impairment or may have worked through an unusual job opportunity, such as a sheltered workshop.”); 20 C.F.R. §§ 404.1573 , 416.973.
discussed Cited as authority (rule) Whitten v. Commissioner of Social Security Administration
D. Ariz. · 2023 · confidence medium
In Gregory, the Ninth Circuit 10 held res judicata did not bar a second claim for a subsequent period where the claimant 11 alleged new impairments not previously considered and the ALJ considered the merits of 12 the claim for the prior period, even when the gap between Plaintiff’s prior determination 13 and her DLI was only a few days. 844 F.2d 664, 666 (9th Cir. 1988).
discussed Cited as authority (rule) Kemp v. Commissioner Social Security Administration
D. Or. · 2023 · confidence medium
Br. 8. “[A]n ALJ may reject allegations of disabling limitations when a claimant’s impairment is of longstanding duration and did not prevent him from working in the past, and there is no evidence of significant worsening of symptoms during the relevant period.” Gregory v. Bowen, 844 F.2d 664, 667 (9th Cir. 1988).
discussed Cited as authority (rule) Bakken v. Commissioner of Social Security
W.D. Wash. · 2022 · confidence medium
Holohan, 246 F.3d at 1207-1208 . 6 With respect to the ALJ’s second reason, an ALJ may rely on evidence that a 7 claimant’s impairments did not prevent the claimant from working before the alleged 8 disability onset and remained stable thereafter to find those impairments non-disabling. 9 Gregory v. Bowen, 844 F.2d 664, 667 (9th Cir. 1988).
discussed Cited as authority (rule) Budd v. Commissioner Social Security Administration (2×) also: Cited "see, e.g."
D. Or. · 2022 · confidence medium
Plaintiff’s Migraine Headaches In discounting Plaintiff’s testimony, the ALJ found it notable that despite complaining of severe and frequent headaches, Plaintiff also reported that the “intensity and characteristics” of her headaches had “not changed over the years” and her headaches had “been stable and unchanging over the years, assumedly even when she was previously working.” (Tr. 20-21, citing Tr. 342, 390, 476, 938.) An ALJ may discount a claimant’s testimony based on evidence demonstrating that “the claimant’s condition ‘ha[d] remained constant for a number of ye…
discussed Cited as authority (rule) Haddon v. Commissioner Social Security Administration
D. Or. · 2022 · confidence medium
The Commissioner cites Gregory v. Bowen, in which the Ninth Circuit found “substantial evidence indicated” the “condition of [the plaintiff’s] back had remained constant for a number of years and that her back problems had not prevented her from working over that time.” 844 F.2d 664, 666 (9th Cir. 1988).
cited Cited as authority (rule) Meadville v. Commissioner of Social Security Administration
D. Ariz. · 2022 · confidence medium
See Vasquez v. Astrue, 572 16 F.3d 586, 597 (9th Cir. 2009); Chavez v. Bowen, 844 F.2d 691, 693 (9th Cir. 1988); 17 Gregory v. Bowen, 844 F.2d 664, 666 (9th Cir. 1988).
cited Cited as authority (rule) Meadville v. Commissioner of Social Security Administration
D. Ariz. · 2022 · confidence medium
See Vasquez v. Astrue, 572 14 F.3d 586 , 597 (9th Cir. 2009); Chavez v. Bowen, 844 F.2d 691, 693 (9th Cir. 1988); 15 Gregory v. Bowen, 844 F.2d 664, 666 (9th Cir. 1988).
cited Cited as authority (rule) Salamone v. Commissioner Social Security Administration
D. Or. · 2021 · confidence medium
See Lester, 81 F.3d at 827 ; Gregory v. Bowen, 844 F.2d 664, 666 (9th Cir. 1988).
discussed Cited as authority (rule) Escalera v. Kijakazi
E.D. Wash. · 2021 · confidence medium
Id. at 10. 26 Defendant argues the ALJ reasonably considered and interpreted the record and 27 legitimately found Plaintiff’s allegations to be unsupported by his past work, his 28 1 activities, his improvement with limited treatment, and the objective evidence. 2 ECF No. 17 at 4-9. 3 The Court finds the ALJ did not offer clear and convincing reasons for 4 discounting Plaintiff’s subjective testimony. 5 Past work 6 An ALJ may rely on evidence that the claimant’s condition “ha[s] remained 7 constant for a number of years” and “ha[s] not prevented [the claimant] from 8 working over t…
discussed Cited as authority (rule) Christian Concannon v. Andrew Saul
9th Cir. · 2021 · confidence medium
Krumpelman v. Heckler, 767 F.2d 586, 588 (9th Cir. 1985).1 Concannon argues that because he was pro se during the 2012 adjudication, “the rigid application of res judicata . . . [is] undesirable.” Gregory v. Bowen, 844 F.2d 664, 666 (9th Cir. 1 We disagree with Concannon that the ALJ constructively reopened the 2012 claim.
cited Cited as authority (rule) Jewell-Greene v. Commissioner Social Security Administration
D. Or. · 2021 · confidence medium
Morgan, 169 F.3d at 601 ; Gregory v. Bowen, 844 F.2d 664, 666-67 (9th Cir. 1988).
discussed Cited as authority (rule) Solis v. Kijakazi
E.D. Wash. · 2021 · confidence medium
See e.g., Bruton v. 14 Massanari, 268 F.3d 824, 828 (9th Cir. 2001) (ALJ properly relied on the fact that 15 claimant left his job because he was laid off, rather than because he was injured, in 16 finding the claimant’s statement unreliable); Trevizo v. Berryhill, 871 F.3d 664 , 17 681 (9th Cir. 2017); Gregory v. Bowen, 844 F.2d 664, 666-67 (9th Cir. 1988). 18 However, all of the activities cited by the ALJ occurred in 2014 or 2015, while the 19 record indicates Plaintiff’s back pain and elbow conditions developed after or 20 simultaneously with the activities the ALJ identified.
discussed Cited as authority (rule) Roche v. Commissioner Social Security Administration
D. Or. · 2021 · confidence medium
See 20 C.F.R. § 416.929 (c)(3) (stating that the Commissioner will consider information about a claimant’s work record in assessing symptom severity); Gregory v. Bowen, 844 F.2d 664, 667 (9th Cir.1988) (finding that “[s]ubstantial evidence indicated that the condition of [the claimant’s] back had remained constant for a number of years and that her back problems had not prevented her from working over that time”).
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).
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) (SS) Ingles v. Commissioner of Social Security
E.D. Cal. · 2020 · confidence medium
Chavez v. Bowen, 844 F.2d 5 691, 693 (9th Cir. 1988); Gregory v. Bowen, 844 F.2d 664, 666 (9th Cir. 1988). 6 Social Security Acquiescence Ruling (“SSR”) 97–4, adopting Chavez, applies to cases 7 involving a subsequent disability claim with an unadjudicated period arising under the same title 8 of the Social Security Act as a prior claim in which there has been a final administrative decision 9 that the claimant is not disabled.
cited Cited as authority (rule) Rutherford v. Commissioner Social Security Administration
D. Or. · 2020 · confidence medium
Def.’s Br. 8 (citing Gregory v. Bowen, 844 F.2d 664, 667 (9th Cir. 1988)).
discussed Cited as authority (rule) Gray v. Commissioner of Social Security
W.D. Wash. · 2020 · confidence medium
Impairments are not disabling if they have 6 “remained constant for a number of years and … not prevented [a claimant] from 7 working over that time.” Gregory v. Bowen, 844 F.2d 664, 667 (9th Cir. 1988).
discussed Cited as authority (rule) (SS) Draper v. Commissioner of Social Security
E.D. Cal. · 2020 · confidence medium
Chavez v. Bowen, 844 F.2d 8 691, 693 (9th Cir. 1988); Gregory v. Bowen, 844 F.2d 664, 666 (9th Cir. 1988). 9 Social Security Acquiescence Ruling (“SSR”) 97–4, adopting Chavez, applies to cases 10 involving a subsequent disability claim with an unadjudicated period arising under the same title 11 of the Social Security Act as a prior claim in which there has been a final administrative decision 12 that the claimant is not disabled.
discussed Cited as authority (rule) Deal v. Commissioner of Social Security
E.D. Wash. · 2020 · confidence medium
Work history 12 An ALJ may rely on evidence that a claimant’s condition “ha[s] remained 13 constant for a number of years” and “ha[s] not prevented [the claimant] from 14 working over that time.” Gregory v. Bowen, 844 F.2d 664, 666-67 (9th Cir. 1988). 15 The ALJ discussed Plaintiff’s work history and found that her ability to 16 work previously, while reporting essentially the same level of symptomatology, 17 undermined her current allegations of disability.
discussed Cited as authority (rule) (SS) Demello v. Commissioner of Social Security
E.D. Cal. · 2020 · confidence medium
Chavez v. Bowen, 844 26 F.2d 691 , 693 (9th Cir. 1988); Gregory v. Bowen, 844 F.2d 664, 666 (9th Cir. 1988). 27 28 1 Social Security Acquiescence Ruling (“SSR”) 97–4(9), adopting Chavez, applies to cases 2 involving a subsequent disability claim with an unadjudicated period arising under the same title 3 of the Social Security Act as a prior claim in which there has been a final administrative decision 4 that the claimant is not disabled.
discussed Cited as authority (rule) Grove v. Commissioner of Social Security
W.D. Wash. · 2020 · confidence medium
(AR 75.) 10 As for other impairments, the ALJ reasonably discounted allegations that plaintiff’s 11 impairments render him incapable of work, because the record shows plaintiff performed work 12 activities during the relevant period.3 See Gregory v. Bowen, 844 F.2d 664, 666-67 (9th Cir. 1988) 13 (affirming denial of benefits where “substantial evidence indicated that the condition of Gregory’s 14 back had remained constant for a number of years and that her back problems had not prevented 15 her from working over that time.”).
discussed Cited as authority (rule) Hathcox v. Saul
E.D. Wash. · 2020 · confidence medium
Tr. 20-23. 9 In making an assessment of a claimant’s allegations, an ALJ may rely on 10 evidence that the claimant’s condition “ha[s] remained constant for a number of 11 years” and “ha[s] not prevented [the claimant] from working over that time.” 12 Gregory v. Bowen, 844 F.2d 664, 666-67 (9th Cir. 1988).
discussed Cited as authority (rule) Concannon v. Berryhill (2×) also: Cited "see"
D. Haw. · 2020 · confidence medium
There is an exception to this rule “where the Commissioner considers ‘on the merits’ the issue of the claimant’s disability during the already-adjudicated period.” Lester, 81 F.3d at 827 n.3 (quoting Gregory v. Bowen, 844 F.2d 664, 666 (9th Cir. 1988)).
discussed Cited as authority (rule) Savare v. Saul
E.D. Wash. · 2020 · confidence medium
See Drouin v. Sullivan, 966 F.2d 1255 , 1258 18 (9th Cir. 1992); Gregory v. Bowen, 844 F.2d 664, 667 (9th Cir. 1988) (finding 19 substantial evidence supported determination that claimant’s back problems were 20 not disabling where her condition remained constant for several years and the 2 1 impairment had not prevented her from working during that time).
cited Cited as authority (rule) Michelle Delaplain v. Andrew Saul
9th Cir. · 2020 · confidence medium
Gregory v. Bowen, 844 F.2d 664, 666-67 (9th Cir. 1988).
discussed Cited as authority (rule) Valbush v. Commissioner of Social Security
W.D. Wash. · 2020 · confidence medium
Id.; Chavez v. Bowen, 844 F.2d 691 , 693 10 (9th Cir. 1988); Gregory v. Bowen, 844 F.2d 664, 666 (9th Cir. 1988). 11 In the first decision, the ALJ found Plaintiff had the following severe impairments: 12 coronary artery disease; left ventricular thrombosis; inguinal hernia; status post apical 13 myocardial infarction with Dressler’s syndrome and pericarditis; alcohol dependence; cocaine 14 use disorder; depressive disorder NOS; post-traumatic stress disorder; mild degenerative disc 15 disease of lumbar spine.
discussed Cited as authority (rule) (SS) Tuupoina v. Commissioner of Social Security
E.D. Cal. · 2020 · confidence medium
Chavez v. Bowen, 844 16 F.2d 691, 693 (9th Cir. 1988); Gregory v. Bowen, 844 F.2d 664, 666 (9th Cir. 1988). 17 Social Security Acquiescence Ruling (“SSR”) 97–4(9), adopting Chavez, applies to cases 18 involving a subsequent disability claim with an unadjudicated period arising under the same title 19 of the Social Security Act as a prior claim in which there has been a final administrative decision 20 that the claimant is not disabled.
cited Cited as authority (rule) Arvie v. Commissioner of Social Security
W.D. Wash. · 2019 · confidence medium
Lester, 81 F.3d at 827 n.3 (quoting 19 Gregory v. Bowen, 844 F.2d 664, 666 (9th Cir. 1988)).
discussed Cited as authority (rule) (SS) Leach v. Commissioner of Social Security
E.D. Cal. · 2019 · confidence medium
See Tommasetti v. 9 Astrue, 533 F.3d 1035, 1040 (9th Cir. 2008) (evidence that claimant “responded favorably to 10 conservative treatment” is inconsistent with plaintiff’s reports of disabling pain); Gregory v. 11 Bowen, 844 F.2d 664, 667 (9th Cir. 1988) (substantial evidence supported ALJ’s finding that 12 claimant was not disabled where her condition remained constant for a number of years and she 13 had worked during that time); Molina, 674 F.3d at 1112 (“ALJ may consider inconsistencies 14 either in the claimant’s testimony or between the testimony and the claimant’s conduct�…
discussed Cited as authority (rule) Daniel Mannion v. Nancy Berryhill
9th Cir. · 2019 · confidence medium
An ALJ may rely on evidence that the claimant’s condition “ha[s] remained constant for a number of years” and “ha[s] not prevented [the claimant] from working over that time.” Gregory v. Bowen, 844 F.2d 664, 666-67 (9th Cir. 1988).
discussed Cited as authority (rule) Keri Miglioretto v. Carolyn Colvin
9th Cir. · 2017 · confidence medium
The ALJ compared the claims to determine whether the presumption should apply, and did not “eonsider[ ] ‘on the merits’ the issue of [Miglioretto’s] disability during the already-adjudicated period.” Lester, 81 F.3d at 827 n.3 (quoting Gregory v. Bowen, 844 F.2d 664, 666 (9th Cir. 1988)); see also Krumpelman, 767 F.2d at 589 .
discussed Cited as authority (rule) Keri Miglioretto v. Carolyn Colvin
9th Cir. · 2017 · confidence medium
The ALJ compared the claims to determine whether the presumption should apply, and did not “consider[] ‘on the merits’ the issue of [Miglioretto’s] disability during the already-adjudicated period.” Lester, 81 F.3d at 827 n.3 (quoting Gregory v. Bowen, 844 F.2d 664, 666 (9th Cir. 1988)); see also Krumpelman, 767 F.2d at 589 .
discussed Cited as authority (rule) Cynthia Ruckdashel v. Carolyn Colvin
9th Cir. · 2017 · confidence medium
See Johnson v. Shalala, 60 F.3d 1428, 1434 (9th Cir. 1995) (evidence of conservative treatment is sufficient to discount a claimant’s testimony regarding severity of an impairment); Gregory v. Bowen, 844 F.2d 664, 666-67 (9th Cir. 1988) (ALJ may consider a claimant’s prior ability to work with an impairment when evaluating the alleged limiting effect of that impairment).
Retrieving the full opinion text from the archive…
21 soc.sec.rep.ser. 329, unempl.ins.rep. Cch 17971.1 Wanda Gregory
v.
Otis R. Bowen, Secretary of Health and Human Services
87-3540.
Court of Appeals for the Ninth Circuit.
Apr 14, 1988.
844 F.2d 664
James S. Coon, Imperati, Barnett, Sherwood & Coon, Portland, Or., for plaintiff-appellant., Shelly R. Brown, Asst. Regional Counsel, Dept, of Health & Human Services, Region X, Seattle, Wash., for defendant-appellee.
Goodwin, Nelson, Leavy.
Cited by 122 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 75%
Citer courts: C.D. California (1) · W.D. Washington (1)
GOODWIN, Circuit Judge:

Wanda Gregory appeals from a judgment denying her claim that she was disabled within the meaning of the Social Security Act. The district court upheld the administrative law judge’s decision denying the claim. Gregory argues that the administrative decision was not supported by substantial evidence. She also seeks attorneys’ fees under 42 U.S.C. § 406(b)(1) (1982). We reverse and remand.

Gregory was born on June 25,1921. She has a high-school education. She has worked as a clerk-typist at various times, most recently for the State of Oregon. She was discharged from that job in April 1979 because she worked too slowly. Gregory’s Social Security insured status expired on September 30, 1981.

Gregory has a long history of lower back problems. In August 1981, she underwent pelvic and bladder reconstructive surgery to correct urinary incontinence. She also has significant mental and emotional problems that adversely affect her ability to work.

Under 42 U.S.C. § 405(g) (1982), the Secretary’s findings of fact are conclusive if supported by substantial evidence. See Miller v. Heckler, 770 F.2d 845, 847 (9th Cir.1985). “Substantial evidence is ‘ “more than a mere scintilla. It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” ’ ” Id. at 848 (quoting Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 842 (1971) (quoting Consolidated Edison Co. v. NLRB, 305 U.S. 197, 229, 59 S.Ct. 206, 217, 83 L.Ed. 126 (1938))).

Disability is statutorily defined as the “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment ... which has lasted or can be expected to last for a continuous period of not[*666] less than 12 months.” 42 U.S.C.A. § 423(d)(1)(A) (West Supp.1987); see 20 C.F.R. § 404.1505(a) (1987). Under this definition, Gregory must show that as of September 30, 1981 — the date that her insured status expired — she had “a severe impairment, which [made her] unable to do [her] previous work or any other substantial gainful activity which exists in the national economy.” Id.

Gregory claims that she should have been deemed disabled under the medical-vocational grids, which mandate a finding of disability where individuals satisfy certain requirements of residual functional capacity, age, education and work experience. See 20 C.F.R. Pt. 404, Subpt. P, App. 2 (1987). Under the appropriate provision, Rule 201.06 of the grids, Gregory should be deemed disabled if she is found to be unable to return to her past work. [1]

We reject the Secretary’s claim that we should give res judicata effect to a September 24, 1981 agency decision rejecting Gregory’s application for benefits. The doctrine of res judicata should not be applied rigidly in administrative proceedings. See Lyle v. Secretary of Health and Human Servs., 700 F.2d 566, 568 n. 2 (9th Cir.1983). Because Gregory’s 1983 application raised the new issue of psychological impairments, it would be inappropriate to apply res judicata to bar her claim. See Taylor v. Heckler, 765 F.2d 872, 876 (9th Cir.1985) (suggesting that res judicata may be inappropriate where the claimant has presented new facts to demonstrate that a prior determination of nondisability may have been incorrect); Thompson v. Schweiker, 665 F.2d 936, 940-41 (9th Cir.1982) (same). Because Gregory was not represented by counsel when she filed her 1981 claim, the rigid application of res judi-cata would be undesirable. Cf. Thompson, 665 F.2d at 941 (observing that the ALJ has a more exacting duty to probe for relevant facts where a claimant is not represented by counsel). Finally, the AU’s effective decision to reopen the 1981 claim by considering on the merits the issue of Gregory’s disability during the time covered by the 1981 claim precludes agency reliance upon res judicata. See Singer v. Weinberger, 513 F.2d 176, 178 (9th Cir.1975).

In deciding whether the administrative law judge’s decision was supported by substantial evidence, we must “consider the combined effect of all of [Gregory’s] impairments without regard to whether any such impairment, if considered separately, would be of [sufficient medical] severity.” 42 U.S.C.A. § 1382c(a)(3)(G) (West Supp. 1987); see 20 C.F.R. § 404.1523 (1987); Beecher v. Heckler, 756 F.2d 693, 694-95 (9th Cir.1985).

We find that substantial evidence supported the Secretary’s decision that Gregory’s bladder problems and incontinence did not render her disabled under the regulations. Although testimony indicated that Gregory’s bladder leakage had recurred and that she might require an additional operation, she presented no evidence that her incontinence or her need for additional surgery would have made her unable to work “for a continuous period of not less than 12 months.” 42 U.S.C.A § 423(d)(1)(A) (West Supp.1987); 20 C.F.R. § 404.1505(a) (1987).

We also find that substantial evidence supports the Secretary’s finding that Gregory’s lengthy history of lower back problems did not render her disabled. Gregory’s testimony indicated that she retains the physical capacity to do her prior work; she testified that she could lift ten pounds, walk ten blocks, stand for two hours, sit for an hour and a half, and sew[*667] and do latch-hook work. Furthermore, substantial evidence indicated that the condition of Gregory’s back had remained constant for a number of years and that her back problems had not prevented her from working over that time. See Goodermote v. Secretary of Health and Human Servs., 690 F.2d 5, 7 (1st Cir.1982). We therefore find that the Secretary’s decision concerning Gregory’s back problems was supported by substantial evidence. [2]

We find, however, that substantial evidence does not support the Secretary’s decision that Gregory’s psychiatric problems did not render her disabled as of September 30, 1981. Psychologists who examined Gregory in 1978 and 1979 consistently found that she almost certainly would be unable to return to work unless provided with a near-ideal, sheltered work environment.

Dr. Edward Colbach, evaluating Gregory in May 1978, said that he saw little chance for improvement and that he “doubt[ed] very much whether she will ever work regularly again.” Dr. Norman Hickman, examining Gregory in October 1978, concluded that Gregory could return to “full time gainful employment” only in “a very ideal work situation.”

In June 1979, counselor Elsie McFarland and psychologist Paul Metzger stated that Gregory’s desire to return to work made it difficult to say that she was unemployable but that “it would be extremely difficult to place her.” They observed that “[s]he could possibly work part-time in a job which has very few demands, doing work of an extremely routine nature, involving only one or two tasks, where she can work at her own pace.” Dr. Arlen Quan, examining Gregory in August 1979, stated that Gregory was “unlikely to resume gainful employment except on her own terms,” although he observed that “[t]his is not to say that she is unable to perform gainful employment.”

Dr. Deena Stolzberg, in a February 1982 report, concluded that Gregory “appears stabilized in a disability role with both Social Security and Workman’s Compensation benefits” and that “it is highly unlikely that at this time she will pursue any more active vocational goals.” As the administrative law judge recognized, Gregory’s psychological condition continued to deteriorate throughout 1983 and 1984.

Upon review of the record taken as a whole, we find that substantial evidence does not support the Secretary’s finding that Gregory was able to work despite her psychological impairments. Nowhere does psychiatric testimony indicate that Gregory was able to return to the type of stressful employment which she had held prior to 1979. The Secretary introduced no evidence indicating that the type of modified work of which Gregory remained psychologically capable “exists in the national economy.” 42 U.S.C.A. § 423(d)(1)(A) (West Supp.1987). We find that the evidence supporting the Secretary’s conclusion was not such “as a reasonable mind might accept as adequate to support a conclusion.” Miller, 770 F.2d at 848.

The decision of the Secretary finding that Gregory is not entitled to disability benefits was not supported by substantial evidence. The district court judgment is reversed. The cause is remanded for the entry of a judgment allowing the claim and fixing attorneys’ fees.

REVERSED and REMANDED.

1

. Gregory is of "advanced age," see 20 C.F.R. § 404.1563(d) (1987), and has a high-school education, placing her under Rule 201.06 or Rule 201.07. Because of her age, Gregory has no transferable skills and therefore falls within Rule 201.06. See 20 C.F.R. Pt. 404, Subpt P., App. 2, § 201.00(f) (allowing a finding of "transferability of skills to skilled sedentary work” only if there is "very little, if any, vocational adjustment required in terms of tools, work processes, work settings, or the industry").

2

. Our decision is not altered by the report of Dr. Theodore Pasquesi, which appears to have been based primarily upon his pre-operation assessment of Gregory's bladder condition, rather than on his assessment of her back,