Felipe Verduzco v. Kenneth S. Apfel, Comm'r of Soc. Sec., 188 F.3d 1087 (9th Cir. 1999). · Go Syfert
Felipe Verduzco v. Kenneth S. Apfel, Comm'r of Soc. Sec., 188 F.3d 1087 (9th Cir. 1999). Cases Citing This Book View Copy Cite
302 citation events (301 in the last 25 years) across 12 distinct courts.
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At page 1089 Limiting court review when evidence supports multiple outcomes151 citing casesNone of the appellant’s treating or examining physicians ever indicated that the appellant was disabled. Although the appellant clearly does suffer from diabetes, high blood pressure, and arthritis, there is no evidence to support his claim that those impairments are ‘severe.’8 citing courts put it this way
  • Strode v. Comm'r Soc. Sec. Admin., No. 6:22-cv-01934 (D. Or. May 21, 2024). 3 cites
    (None of the appellant’s treating or examining physicians ever indicated that the appellant was disabled. Although the appellant clearly does suffer from diabetes, high blood pressure, and arthritis, there is no evidenc…)
  • Ross v. Kijakazi, No. 5:21-cv-05196 (N.D. Cal. Jan. 6, 2023).
    (Although the 15 appellant clearly [has] diabetes, high blood pressure, and arthritis, there is no evidence to support 16 his claim that those impairments are ‘severe.’)
  • Lori M. Sprague v. Andrew Saul, No. 2:20-cv-08628 (C.D. Cal. Sept. 28, 2022).
    (Although the [claimant] 10 clearly does suffer from diabetes, high blood pressure, and arthritis, there is no 11 evidence to support his claim that those impairments are ‘severe.’)
  • Young v. Saul, No. 2:20-cv-02255 (D. Nev. Apr. 12, 2022).
    (Although the appellant clearly [has] diabetes, high blood pressure, 9 and arthritis, there is no evidence to support his claim that those impairments are ‘severe.’)
  • (SS) Hensley v. Comm'r of Soc. Sec., No. 2:20-cv-01448, 2022 WL 891289 (E.D. Cal. Mar. 25, 2022).
    (Although the appellant clearly [has] 7 diabetes, high blood pressure, and a rthritis, there is no evidence to support his claim that those 8 impairments are ‘severe.’)
  • Jose A. Solano v. Kilolo Kijakazi, No. 2:20-cv-09561 (C.D. Cal. Mar. 21, 2022).
    (Although the appellant 11 clearly [has] diabetes, high blood pressure, and arthritis, there is no evidence to 12 support his claim that those impairments are ‘severe.’)
  • (SS) Jose E. Madrid v. Comm'r of Soc. Sec., No. 1:20-cv-01006 (E.D. Cal. Feb. 11, 2022).
    (Although the 6 appellant clearly does suffer from diabetes, high blood pressure, and arthritis, there is no 7 evidence to support his claim that those impairments are ‘severe.’)
  • Judith Younger v. Andrew Saul, No. 2:19-cv-05498, 2020 WL 7024949 (C.D. Cal. Nov. 30, 2020). 2 cites
    (Although the 20 [claimant] clearly does suffer from diabetes, high blood pressure, and arthritis, 21 there is no evidence to support his claim that those impairments are ‘severe.’)
  • Glassburn, No. 2:25-cv-00283 (D. Idaho Sept. 28, 2026).
    The Court “may not substitute [its] judgment for that of the Commissioner.” Verduzco v. Apfel, 188 F.3d 1087, 1089 (9th Cir. 1999).
  • Walline, No. 1:25-cv-00324 (D. Idaho Sept. 21, 2026).
    The Court “may not substitute [its] judgment for that of the Commissioner.” Verduzco v. Apfel, 188 F.3d 1087, 1089 (9th Cir. 1999).
Show 141 more citing cases
At page 1090 Evaluating credibility through inconsistent testimony and observations110 citing casesinconsistent testimony about symptoms is 22 clear and convincing reason to discount subjective allegations3 citing courts put it this way · 109 listed here
  • Strode v. Comm'r Soc. Sec. Admin., No. 6:22-cv-01934 (D. Or. May 21, 2024). 3 cites
    See Bagdasaryan, 787 F. App’x at 424 (holding that substantial evidence supported the ALJ’s step two determination that the claimant’s impairment was not severe); Verduzco, 188 F.3d at 1089 (“None of the appellant’s treating or examining p…
  • (SS) Rivota v. Comm'r of Soc. Sec., No. 1:18-cv-01342 (E.D. Cal. Mar. 19, 2020).
    (the ALJ’s reliance on his observations of 13 [claimant] at the hearing was proper)
  • Hammond, No. 2:25-cv-00117 (E.D. Wash. Nov. 21, 2025).
    (affirming 2 ALJ’s discounting of plaintiff’s testimony where plaintiff’s “various statements 3 regarding his drinking were not consistent)
  • Navarre v. Comm'r of Soc. Sec., No. 3:25-cv-05052 (W.D. Wash. Sept. 16, 2025).
    (inconsistencies about alcohol use proper consideration)
  • Duval v. Comm'r of Soc. Sec., No. 2:23-cv-00064 (W.D. Wash. July 7, 2025).
    In this case, the ALJ provided a number of specific, clear, and convincing reasons for 21 discounting Plaintiff’s testimony, see AR 1521-26, including inconsistency with the medical and 22 other evidence of record, Smartt, 53 F.4th at 497-…
  • Carrillo v. Comm'r of Soc. Sec., No. 3:23-cv-06001 (W.D. Wash. Sept. 6, 2024).
    See Thomas v. Barnhart, 278 F.3d 947, 959 (9th Cir. 5 2002) (upholding an adverse credibility finding where the ALJ found that the claimant had not 6 been a reliable historian, “presenting conflicting information about her drug and alcohol…
  • Sawnick v. Comm'r of Soc. Sec. Admin., No. 2:22-cv-01701 (D. Ariz. Nov. 14, 2023).
    (concluding that “the ALJ 6 did offer clear and convincing reasons for rejecting Verduzco’s testimony” where “the ALJ 7 noted that the appellant had walked slowly and used a cane at the hearing, although none 8 of his do…)
  • Rosalio Olivares Rodriguez v. Kilolo Kijakazi, No. 2:22-cv-08679 (C.D. Cal. Aug. 11, 2023).
    (finding inconsistent statements regarding drinking was a clear and 8 convincing reason to reject a claimant’s testimony)
  • Robbins v. Soc. Sec. Admin., 466 F.3d 880 (9th Cir. 2006).published
  • Sylvia Garza v. Michael Astrue, 380 F. App'x 672 (9th Cir. 2010).unpublished
Show 99 more citing cases
At page 1087 “may not substitute its judgment for that of the commissioner.”2 citing cases87 citing courts quote it
  • Thomas v. Kijakazi, No. 4:21-cv-10007 (N.D. Cal. Mar. 31, 2024).
    (Although the appellant clearly does suffer from diabetes, high blood 22 pressure, and arthritis, there is no evidence to support his claim that those impairments are 23 ‘severe.’)
  • Vanhaitsma v. Saul, No. 2:21-cv-00482 (D. Nev. Feb. 7, 2022).
    “Although the appellant clearly does suffer from diabetes, high 10 blood pressure, and arthritis, there is no evidence to support his claim that those 11 impairments are ‘severe.’”
Retrieving the full opinion text from the archive…
Felipe VERDUZCO, Plaintiff-Appellant,
v.
Kenneth S. APFEL, Commissioner of Social Security, Defendant-Appellee
97-56727.
Court of Appeals for the Ninth Circuit.
Aug 31, 1999.
Published opinion
188 F.3d 1087
1999 WL 672663
Stephanie M. Simpson, Northridge, California, for the plaintiff-appellant., Barbara M. Rizzo, Assistant Regional Counsel, Social Security Administration, San Francisco, California, for the defendant-appellee.
O'Scannlain, Tashima, Reed.
Cited by 261 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 79%
Citer courts: N.D. California (1) · D. Nevada (1)

ORDER

The memorandum disposition filed May 11, 1999, is redesignated as an authored opinion by Judge Reed.

OPINION

REED, District Judge:

Felipe Verduzco appeals from the district court’s judgment affirming the Commissioner’s denial of his application for supplemental security income disability benefits. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

The district court’s order affirming the Commissioner’s denial of benefits is reviewed de novo. Morgan v. Commissioner of Soc. Sec. Admin., 169 F.3d 595, 599 (9th Cir.1999). “Our review of the Commissioner’s decision is ‘essentially the same as that undertaken by the district court.’ ” Tidwell v. Apfel, 161 F.3d 599, 601 (9th Cir.1998) (quoting Stone v. Heckler, 761 F.2d 530, 532 (9th Cir.1985)). The Commissioner’s decision to deny benefits will be set aside only if it is based on legal error or is not supported by substantial evidence. Morgan, 169 F.3d at 599.

To determine whether the Commissioner’s decision is supported by substantial evidence, “we must review the administrative record as a whole, weighing both the evidence that supports and the evidence that detracts from the Commissioner’s conclusion.” Reddick v. Chater, 157 F.3d 715, 720 (9th Cir.1998). Where the evidence may reasonably support more than one interpretation, we may not substitute our judgment for that of the Commissioner. Id. at 720-21. Having reviewed the full administrative record in the instant case, it is clear that the Commissioner’s decision is supported by substantial evidence. None of the appellant’s treating or examining physicians ever indicated that the appellant was disabled. Although the appellant clearly does suffer from diabetes, high blood pressure, and arthritis, there is no evidence to support his claim that those impairments are “severe.”

Verduzco argues that the ALJ displayed impermissible bias. Nothing in the record supports this contention. Although the ALJ’s decision indicates that the ALJ found it hard to believe that Verduzco did not speak more than a little English, having been in the United States for thirty years, the ALJ did not base his decision on this fact. Nothing in the record indicates that the ALJ harbored any prejudice or bias against non-English speakers, Spanish speakers in particular, or even against people who come to the United States and fail to learn English. Verduzco was provided with an interpreter at his hearing, and the transcript of the hearing does not reveal anything to indicate that the ALJ treated Verduzco any differently because he testified through an interpreter. The ALJ’s incredulity in the face of the appellant’s claim not to speak English just reflects the ALJ’s finding that the appellant’s testimony in general was less than entirely truthful. ALJs and other similar quasi-judicial administrative officers are presumed to be unbiased. Schweiker v. McClure, 456 U.S. 188, 195, 102 S.Ct. 1665, 72 L.Ed.2d 1 (1982). “This presumption can be rebutted by a showing of conflict of interest or some other specific reason for disqualification.” Id. The burden of making such a showing rests with the party asserting bias. Id. at 196, 102 S.Ct. 1665. Since Verduzco has failed to present any evidence that the ALJ was[*1090] biased, he has obviously failed to meet this burden.

Verduzco also argues that the ALJ improperly disregarded his testimony of excess pain and fatigue. “If a claimant produces objective medical evidence that he suffers from an ailment that could cause pain, ‘the ALJ can reject the claimant’s testimony about the severity of [his] symptoms only by offering specific, clear and convincing reasons for doing so.’ ” Light v. Social Sec. Admin., 119 F.3d 789, 792 (9th Cir.1997) (quoting Smolen v. Chafer, 80 F.3d 1273, 1281 (9th Cir.1996)). Here, the ALJ did offer clear and convincing reasons for rejecting Verduzco’s testimony. The ALJ pointed out several areas in which the appellant’s testimony or behavior was inconsistent with his own statements or actions, as well as with the medical evidence. He noted that Verduzco’s testimony and various statements regarding his drinking were not consistent. Further, the ALJ noted that the appellant had walked slowly and used a cane at the hearing, although none of his doctors had ever indicated that he used or needed to use an assistive device in order to walk. In fact, two doctors had specifically noted that the appellant did not need such a device. The ALJ also noted that the appellant, when asked for his driver’s license at the hearing, “stood up swiftly and took out his wallet from his rear pocket without effort and without apparent discomfort,” despite his apparent difficulty in walking. Thus the ALJ discounted the appellant’s testimony because he found it to be unbelievable in general, not because the extent and severity of the appellant’s pain or fatigue was unsupported by medical evidence. See id.

In addition, Verduzco argues that the ALJ improperly relied on observations of Verduzco made at the hearing. This argument is without merit. Although this Court has disapproved of so-called “sit and squirm” jurisprudence, Perminter v. Heckler, 765 F.2d 870, 872 (9th Cir.1985), the “inclusion of the ALJ’s personal observations does not render the decision improper.” Morgan, 169 F.3d at 600 (citations omitted). The ALJ did not comment on the fact that Verduzco failed to manifest external symptoms of his alleged pain at the hearing, but rather on the fact that Verduzco did exhibit symptoms-symptoms that were inconsistent both with the medical evidence and with other behavior Ver-duzco exhibited at the hearing. Thus the ALJ’s reliance on his observations of Verduzco at the hearing was proper. See Quang Van Han v. Bowen, 882 F.2d 1453, 1458 n. 8 (9th Cir.1989).

Finally, Verduzco argues that his impairments, either singly or in combination, meet or equal a’ listed impairment. However, we do not need to address this argument. The ALJ found that Verduzco’s impairments were not severe, and so never reached the question of whether those impairments equaled a listed impairment. Since we find that there was substantial evidence to support the ALJ’s finding that Verduzco’s impairments were not severe, we do not reach the question of whether those impairments equaled a listed impairment either. See 20 C.F.R. § 404.1520(c).

AFFIRMED.