Berta Gwen Weaks, Soc. Sec. Psq-Yn-Kvql v. Donna E. Shalala, Sec'y of the Dep't of Health & Human Servs., 12 F.3d 1104 (8th Cir. 1993). · Go Syfert
Berta Gwen Weaks, Soc. Sec. Psq-Yn-Kvql v. Donna E. Shalala, Sec'y of the Dep't of Health & Human Servs., 12 F.3d 1104 (8th Cir. 1993). Cases Citing This Book View Copy Cite
32 citation events (31 in the last 25 years) across 5 distinct courts.
Strongest positive: Johnny D. v. Frank Bisignano, Commissioner of Social Security (waed, 2026-03-30)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 19 distinct citers. How cited ↗
discussed Cited as authority (rule) Johnny D. v. Frank Bisignano, Commissioner of Social Security
E.D. Wash. · 2026 · confidence medium
If the evidence in the record “is susceptible to more than one 10 rational interpretation, [the court] must uphold the ALJ’s findings if they are 11 supported by inferences reasonably drawn from the record.” Molina v. Astrue, 674 12 F.3d 1104, 1111 (9th Cir. 2012).
discussed Cited as authority (rule) Neifert v. Bisignano
E.D. Wash. · 2025 · confidence medium
If the evidence in the record “is susceptible to more than one 10 rational interpretation, [the court] must uphold the ALJ’s findings if they are 11 supported by inferences reasonably drawn from the record.” Molina v. Astrue, 674 12 F.3d 1104, 1111 (9th Cir. 2012), superseded on other grounds by 20 C.F.R. § 13 404.1502(a).
discussed Cited as authority (rule) Zazueta v. Bisignano
E.D. Wash. · 2025 · confidence medium
If the evidence in the record “is susceptible to more than one 10 rational interpretation, [the court] must uphold the ALJ’s findings if they are 11 supported by inferences reasonably drawn from the record.” Molina v. Astrue, 674 12 F.3d 1104, 1111 (9th Cir. 2012), superseded on other grounds by 20 C.F.R. §§ 13 404.1502(a), 416.902(a).
discussed Cited as authority (rule) Brambila v. King
E.D. Wash. · 2025 · confidence medium
If the evidence in the record “is susceptible to more than one 10 rational interpretation, [the court] must uphold the ALJ’s findings if they are 11 supported by inferences reasonably drawn from the record.” Molina v. Astrue, 674 12 F.3d 1104, 1111 (9th Cir. 2012).
discussed Cited as authority (rule) Land v. O'Malley
E.D. Wash. · 2024 · confidence medium
If the evidence in the record “is susceptible to more than one 10 rational interpretation, [the court] must uphold the ALJ’s findings if they are 11 supported by inferences reasonably drawn from the record.” Molina v. Astrue, 674 12 F.3d 1104, 1111 (9th Cir. 2012).
cited Cited as authority (rule) (SS) Luis Antonio Frausto v. Commissioner of Social Security
E.D. Cal. · 2022 · confidence medium
Molina v. Astrue, 674 12 F.3d 1104, 1112 (9th Cir. 2012).
discussed Cited as authority (rule) Miles v. Commissioner of Social Security
W.D. Wash. · 2022 · confidence medium
Evidence 10 from “other medical sources” may be discounted if, as with evidence from lay witnesses in 11 general, the ALJ “gives reasons germane to each [source] for doing so.” Molina v. Astrue, 674 12 F.3d 1104, 1111 (9th Cir. 2012) (citations omitted). 13 With regards to the ALJ’s first reason, an ALJ may reject lay witness testimony if it is 14 inconsistent with the overall medical evidence.
discussed Cited as authority (rule) Cari v. Commissioner of Social Security
W.D. Wash. · 2022 · confidence medium
Molina v. Astrue, 674 12 F.3d 1104, 1115 (9th Cir. 2012). 13 CONCLUSION 14 Based on the foregoing, the Court denies plaintiff’s motion to amend the 15 judgment (Dkt. 31). 16 Dated this 1st day of July, 2022. 17 18 a 19 Theresa L.
cited Cited as authority (rule) Robertson v. Commissioner of Social Security
W.D. Wash. · 2021 · confidence medium
Molina v. Astrue, 674 12 F.3d 1104, 1115 (9th Cir. 2012).
cited Cited as authority (rule) Mathewson v. Saul
S.D. Cal. · 2021 · confidence medium
Molina v. Astrue, 674 12 F.3d 1104, 1115 (9th Cir. 2012).
discussed Cited as authority (rule) Alfaro v. Kijakazi
E.D. Wash. · 2020 · confidence medium
If the evidence in the record “is susceptible to more than one 10 rational interpretation, [the court] must uphold the ALJ’s findings if they are 11 supported by inferences reasonably drawn from the record.” Molina v. Astrue, 674 12 F.3d 1104, 1111 (9th Cir. 2012).
discussed Cited as authority (rule) Rivas v. Commissioner of Social Security
E.D. Wash. · 2020 · confidence medium
If the evidence in the record “is susceptible to more than one 10 rational interpretation, [the court] must uphold the ALJ’s findings if they are 11 supported by inferences reasonably drawn from the record.” Molina v. Astrue, 674 12 F.3d 1104, 1111 (9th Cir. 2012).
cited Cited as authority (rule) Vaughn v. Commissioner of Social Security
E.D. Wash. · 2020 · confidence medium
Molina v. Astrue, 674 12 F.3d 1104, 1110 (9th Cir. 2012) (citing Stone v. Heckler, 761 F.2d 530, 531 (9th 13 Cir. 1985)).
cited Cited as authority (rule) Jackson v. Commissioner of Social Security
E.D. Wash. · 2020 · confidence medium
Molina v. Astrue, 674 12 F.3d 1104, 1110 (9th Cir. 2012) (citing Stone v. Heckler, 761 F.2d 530, 531 (9th 13 Cir. 1985)).
cited Cited as authority (rule) (SS) Alvarez-Herrera v. Commissioner of Social Security
E.D. Cal. · 2020 · confidence medium
Molina v. Astrue, 674 12 F.3d 1104, 1112 (9th Cir. 2012).
cited Cited as authority (rule) Johnson v. Commissioner of Social Security
W.D. Wash. · 2019 · confidence medium
Therefore, the ALJ erred. 11 “[H]armless error principles apply in the Social Security context.” Molina v. Astrue, 674 12 F.3d 1104, 1115 (9th Cir. 2012).
cited Cited "see" Namock v. Commissioner of Social Security
W.D. Wash. · 2020 · signal: see · confidence high
See Flores, 49 F.3d at 570-571 . 11 “[H]armless error principles apply in the Social Security context.” Molina v. Astrue, 674 12 F.3d 1104, 1115 (9th Cir. 2012).
discussed Cited "see, e.g." (SS) Mortera v. Commissioner of Social Security
E.D. Cal. · 2024 · signal: see also · confidence medium
Any Error as to the Lay Witness Testimony is Harmless 8 The Ninth Circuit has held that “[l]ay testimony as to a claimant’s symptoms is 9 competent evidence that an ALJ must take into account, unless he or she expressly determines to 10 disregard such testimony and gives reasons germane to each witness for doing so.” Tobeler v. 11 Colvin, 749 F.3d 830, 832 (9th Cir. 2014) (citations omitted); see also Molina v. Astrue, 674 12 F.3d 1104, 1111 (9th Cir. 2012).
cited Cited "see, e.g." Carpenter v. Commissioner of Social Security
W.D. Wash. · 2019 · signal: see also · confidence medium
Admin., 454 F.3d 1050, 1055 (9th Cir. 2006); see also Molina v. Astrue, 674 12 F.3d 1104, 1115 (9th Cir. 2012).
Retrieving the full opinion text from the archive…
Berta Gwen Weaks, Social Security Psq-Yn-Kvql
v.
Donna E. Shalala, Secretary of the Department of Health and Human Services
93-1630.
Court of Appeals for the Eighth Circuit.
Dec 6, 1993.
12 F.3d 1104
Cited by 19 opinions  |  Unpublished

12 F.3d 1104

NOTICE: Eighth Circuit Rule 28A(k) governs citation of unpublished opinions and provides that no party may cite an opinion not intended for publication unless the cases are related by identity between the parties or the causes of action.
Berta Gwen WEAKS, Social Security # ucb-fn-ircn Appellant,
v.
Donna E. SHALALA, Secretary of the Department of Health and
Human Services, Appellee.

No. 93-1630.

United States Court of Appeals,
Eighth Circuit.

Submitted: October 20, 1993.
Filed: December 6, 1993.

Before JOHN R. GIBSON, MAGILL, and BEAM, Circuit Judges.

PER CURIAM.

1

Berta G. Weaks appeals the judgment entered by the magistrate judge[1] upholding the Secretary's decision to deny her Supplemental Security Income (SSI) benefits. For reversal, Weaks argues that the administrative law judge (ALJ) erred in finding that she retained the residual functional capacity to return to her past relevant work and in finding that her subjective complaints of pain were not credible. After careful review of the record, we affirm.

2

We agree with the magistrate judge that substantial evidence exists to support the Secretary's decision that Weaks' back, hip, and leg pain does not prevent her from performing her prior light work, either as a fancy stitcher at a shoe factory or as a nightclub waitress. See 20 C.F.R. Sec. 404.1567(b); Baker v. Secretary of Health & Human Servs., 955 F.2d 552, 555 & n.5 (8th Cir. 1992). The ALJ correctly observed that Weaks' treating physicians did not place restrictions on her ability to lift, sit, stand, walk, or bend, even though medical tests showed some degenerative changes in her lumbar spine and possible early rheumatoid arthritis. The ALJ also identified inconsistencies in the record which led him to discredit Weaks' testimony that she could not lift, grip, or walk. Although Dr. Ramon Lopez reported that Weaks had many functional limitations, the ALJ properly noted that this opinion was based on one consultative examination and the limitations reported were inconsistent with the doctor's own clinical findings. The report of Dr. Samir Dawoud was not before the ALJ, but the Appeals Council correctly noted that his opinion was generally consistent with the ALJ's decision that Weaks could return to her past relevant work.

3

We reject Weaks' argument that the ALJ improperly discredited her testimony that she suffered more than "unbearable" pain. The ALJ conducted a proper analysis under Polaski v. Heckler, 739 F.2d 1320, 1322 (8th Cir. 1984), and made specific findings as required. See Baker, 955 F.2d at 555. As the ALJ noted, Weaks' daily activities were not unduly limited, the medical evidence did not support the severity of pain she claimed to experience, she failed to take medication as prescribed, and she did not suffer from functional restrictions that precluded her from returning to her past relevant work. Contrary to her argument on appeal, the ALJ properly considered her lack of consistent work history. See Polaski, 739 F.2d at 1322.

4

Weaks did not seek treatment for her back pain after August 1990, and she indicated she lacked financial resources to obtain medical care. While Weaks may have experienced a drastic change in family finances, she did not explain why her Medicaid coverage was "exhausted," she did not identify any steps she took to obtain low cost medical care, and she did not testify that she was denied medical care because of her financial condition. See Murphy v. Sullivan, 953 F.2d 383, 386-87 (8th Cir. 1992). Based on the evidence, the ALJ could properly determine that Weaks' financial concerns were not severe enough to justify her failure to seek further treatment. See id. at 387.

5

Accordingly, we affirm.

1

The Honorable Jerry W. Cavaneau, United States Magistrate Judge for the Eastern District of Arkansas, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. Sec. 636(c)