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.’
- Strode v. Comm'r Soc. Sec. Admin., No. 6:22-cv-01934 (D. Or. May 21, 2024). (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). (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
- Green, No. 4:25-cv-00321 (D. Idaho Sept. 15, 2026).The Court “may not substitute [its] judgment for that of the Commissioner.” Verduzco v. Apfel, 188 F.3d 1087, 1089 (9th Cir. 1999).
- Raynor, No. 2:25-cv-00247 (D. Idaho Aug. 3, 2026).The Court “may not substitute [its] judgment for that of the Commissioner.” Verduzco v. Apfel, 188 F.3d 1087, 1089 (9th Cir. 1999).
- Tarbert, No. 2:25-cv-00278 (D. Idaho June 5, 2026).The Court “may not substitute [its] judgment for that of the Commissioner.” Verduzco v. Apfel, 188 F.3d 1087, 1089 (9th Cir. 1999).
- Whitley, No. 2:24-cv-00563 (D. Idaho Mar. 31, 2026).The Court “may not substitute [its] judgment for that of the Commissioner.” Verduzco v. Apfel, 188 F.3d 1087, 1089 (9th Cir. 1999).
- Grover, No. 1:24-cv-00572 (D. Idaho Mar. 31, 2026).The Court “may not substitute [its] judgment for that of the Commissioner.” Verduzco v. Apfel, 188 F.3d 1087, 1089 (9th Cir. 1999).
- Studley, No. 1:25-cv-00071 (D. Idaho Mar. 27, 2026).The Court “may not substitute [its] judgment for that of the Commissioner.” Verduzco v. Apfel, 188 F.3d 1087, 1089 (9th Cir. 1999).
- Malone, No. 1:24-cv-00562 (D. Idaho Feb. 13, 2026).The Court “may not substitute [its] judgment for that of the Commissioner.” Verduzco v. Apfel, 188 F.3d 1087, 1089 (9th Cir. 1999).
- Tucker v. O'Malley, No. 1:24-cv-00446 (D. Idaho Aug. 11, 2025).The Court “may not substitute [its] judgment for that of the Commissioner.” Verduzco v. Apfel, 188 F.3d 1087, 1089 (9th Cir. 1999).
- Venable v. O'Malley, No. 1:24-cv-00267 (D. Idaho July 18, 2025).The Court “may not substitute [its] judgment for that of the Commissioner.” Verduzco v. Apfel, 188 F.3d 1087, 1089 (9th Cir. 1999).
- Zubia v. Comm'r of Soc. Sec., No. 4:24-cv-00374 (D. Idaho May 22, 2025).It is well-settled that if there is substantial evidence to support the decision of the Commissioner, the decision must be upheld even when the evidence can reasonably support either affirming or reversing the Commissioner’s decision, beca…
- Matejcek v. Comm'r of Soc. Sec., No. 1:24-cv-00314 (D. Idaho May 2, 2025).It is well-settled that if there is substantial evidence to support the decision of the Commissioner, the decision must be upheld even when the evidence can reasonably support either affirming or reversing the Commissioner’s decision, beca…
- Martin v. Comm'r of Soc. Sec., No. 1:24-cv-00372 (D. Idaho Apr. 9, 2025).The Court “may not substitute [its] judgment for that of the Commissioner.” Verduzco v. Apfel, 188 F.3d 1087, 1089 (9th Cir. 1999).
- Ferraro v. Comm'r of Soc. Sec., No. 2:24-cv-01396 (W.D. Wash. Mar. 26, 2025).Presuming the ALJ 6 was acting in an unbiased manner, see Verduzco v. Apfel, 188 F.3d 1087, 1089 (9th Cir. 1999), 7 the ALJ may have reasonably thought she was analyzing the medical opinions (and thus 8 complying with the remand orders) by…
- Taylor v. Comm'r of Soc. Sec., No. 3:24-cv-00191 (D. Idaho Mar. 24, 2025).The Court “may not substitute [its] judgment for that of the Commissioner.” Verduzco v. Apfel, 188 F.3d 1087, 1089 (9th Cir. 1999).
- Jamerson v. Dudek, No. 2:24-cv-01020 (D. Nev. Feb. 26, 2025).Verduzco v. Apfel, 188 F.3d 1087, 1089 (9th Cir. 20 1999) (citing Schweiker v. McClure, 456 U.S. 188, 195 (1982)).
- Mansfield v. Comm'r of Soc. Sec. Admin., No. 4:24-cv-00182 (D. Ariz. Feb. 24, 2025).Verduzco v. 15 Apfel, 188 F.3d 1087, 1089 (9th Cir. 1999). 16 A. Severity Determination Supported by Substantial Evidence 17 At step two, the ALJ determined that Plaintiff suffered from the severe impairment 18 of spine disorder and the me…
- Wood v. O'Malley, No. 1:24-cv-00036 (D. Idaho Feb. 13, 2025).The Court “may not substitute [its] judgment for that of the Commissioner.” Verduzco v. Apfel, 188 F.3d 1087, 1089 (9th Cir. 1999).
- Scott v. O'Malley, No. 1:24-cv-00069 (D. Idaho Dec. 11, 2024).The Court “may not substitute [its] judgment for that of the Commissioner.” Verduzco v. Apfel, 188 F.3d 1087, 1089 (9th Cir. 1999).
- Shiley v. Comm'r of Soc. Sec., No. 1:24-cv-00173 (D. Idaho Nov. 26, 2024).The Court “may not substitute [its] judgment for that of the Commissioner.” Verduzco v. Apfel, 188 F.3d 1087, 1089 (9th Cir. 1999).
- Scholz v. O'Malley, No. 1:24-cv-00127 (D. Idaho Nov. 21, 2024).The Court “may not substitute [its] judgment for that of the Commissioner.” Verduzco v. Apfel, 188 F.3d 1087, 1089 (9th Cir. 1999).
- (SS) Gouveia v. Comm'r of Soc. Sec., No. 2:23-cv-01442 (E.D. Cal. Sept. 27, 2024).Administrative law judges 6 | “are presumed to be unbiased.” Verduzco v. Apfel, 188 F.3d 1087, 1089 (9th Cir.1999) (citing 7 | Schwiker v. McClure, 456 U.S. 188, 195 (1982)).
- Sevilla v. Comm'r of Soc. Sec. Admin., No. 2:23-cv-00919 (D. Ariz. Sept. 26, 2024).Verduzco v. Apfel, 188 F.3d 1087, 1089 (9th Cir. 25 1999).
- Robinson v. Comm'r of Soc. Sec., No. 4:24-cv-00026 (D. Idaho Sept. 26, 2024).The Court “may not substitute [its] judgment for that of the Commissioner.” Verduzco v. Apfel, 188 F.3d 1087, 1089 (9th Cir. 1999).
- Jud v. Comm'r Soc. Sec. Admin., No. 3:22-cv-01489 (D. Or. Sept. 17, 2024).Cal. Nov. 30, 2020) (“[T]he mere diagnosis of an impairment does not establish that it was severe.” (citing Verduzco v. Apfel, 188 F.3d 1087, 1089 (9th Cir. 1999)).
- Garza v. Kijakazi, No. 1:23-cv-00498 (D. Idaho Sept. 11, 2024).The Court “may not substitute [its] judgment for that of the Commissioner.” Verduzco v. Apfel, 188 F.3d 1087, 1089 (9th Cir. 1999).
- Large v. Kijakazi, No. 1:23-cv-00458 (D. Idaho Sept. 3, 2024).The Court “may not substitute [its] judgment for that of the Commissioner.” Verduzco v. Apfel, 188 F.3d 1087, 1089 (9th Cir. 1999).
- Fisher v. Comm'r Soc. Sec. Admin., No. 6:22-cv-01272 (D. Or. Apr. 24, 2024).Cal. Nov. 30, 2020) (“[T]he mere diagnosis of an impairment does not establish that it was severe.” (citing Verduzco v. Apfel, 188 F.3d 1087, 1089 (9th Cir. 1999))).
- K.O. v. San Dieguito Union High Sch. Dist., No. 3:22-cv-01703 (S.D. Cal. Apr. 23, 2024).To show bias and rebut this presumption, the District must “show[] [a] 20 conflict of interest or some other specific reason for disqualification.” Verduzco v. Apfel, 21 188 F.3d 1087, 1089 (9th Cir. 1999).
- Olson v. Kijakazi, No. 1:23-cv-00072 (D. Idaho Mar. 18, 2024).The Court “may not substitute [its] judgment for that of the Commissioner.” Verduzco v. Apfel, 188 F.3d 1087, 1089 (9th Cir. 1999).
- Merrill v. Comm'r of Soc. Sec., No. 4:22-cv-00450 (D. Idaho Feb. 2, 2024).The Court “may not substitute [its] judgment for that of the Commissioner.” Verduzco v. Apfel, 188 F.3d 1087, 1089 (9th Cir. 1999).
- Lee v. Comm'r of Soc. Sec., No. 4:23-cv-00062 (D. Idaho Jan. 2, 2024).The Court “may not substitute [its] judgment for that of the Commissioner.” Verduzco v. Apfel, 188 F.3d 1087, 1089 (9th Cir. 1999).
- Damon v. Kijakazi, No. 1:22-cv-00328 (D. Idaho Sept. 6, 2023).It is well-settled that if there is substantial evidence to support the decision of the Commissioner, the decision must be upheld even when the evidence can reasonably support either affirming or reversing the Commissioner’s decision, beca…
- Kathryn C. Rollins v. Larry G. Massanari, Acting Comm'r of Soc. Sec. Admin., 261 F.3d 853 (9th Cir. 2001).published
- Davis v. Barnhart, 187 F. Supp. 2d 1050 (N.D. Ill. 2002).published
- Nickel v. Barnhart, 205 F. Supp. 2d 1131 (C.D. Cal. 2002).published
- Gomez v. Astrue, 695 F. Supp. 2d 1049 (C.D. Cal. 2010).published
- Jenkins v. Astrue, 628 F. Supp. 2d 1140 (C.D. Cal. 2009).published
- Haseltine v. Astrue, 668 F. Supp. 2d 1232 (N.D. Cal. 2009).published
- Booth v. Barnhart, 181 F. Supp. 2d 1099 (C.D. Cal. 2002).published
- Jones v. McDaniel, 552 F. Supp. 2d 1141 (D. Nev. 2008).published
- Perkins v. Astrue, 535 F. Supp. 2d 986 (C.D. Cal. 2008).published
- Robbins v. Soc. Sec. Admin., 466 F.3d 880 (9th Cir. 2006).published
- Donna Leazenby v. Carolyn Colvin, 654 F. App'x 301 (9th Cir. 2016).unpublished
- Donald Mizerik v. Kilolo Kijakazi, No. 18-16667 (9th Cir. Jan. 20, 2022).unpublished
- Kenneth Gardner v. Kilolo Kijakazi, No. 19-55044 (9th Cir. May 17, 2022).unpublished
- Frank Luna v. Kilolo Kijakazi, No. 20-15028 (9th Cir. May 18, 2022).unpublished
- Oyefule v. Massanari, 17 F. App'x 698 (9th Cir. 2001).unpublished
- Mejias v. Massanari, 21 F. App'x 786 (9th Cir. 2001).unpublished
- Groepler v. Massanari, 23 F. App'x 679 (9th Cir. 2001).unpublished
- Matoba v. Barnhart, 23 F. App'x 869 (9th Cir. 2002).unpublished
- Foote v. Barnhart, 25 F. App'x 661 (9th Cir. 2002).unpublished
- Boyer v. Comm'r of Soc. Sec. Admin., 48 F. App'x 276 (9th Cir. 2002).unpublished
- Hagler v. Barnhart, 55 F. App'x 861 (9th Cir. 2003).unpublished
- Bronson v. Barnhart, 56 F. App'x 793 (9th Cir. 2003).unpublished
- Pruett v. Colvin, 85 F. Supp. 3d 1152 (N.D. Cal. 2015).published
- Fernandez v. Barnhart, 68 F. App'x 820 (9th Cir. 2003).unpublished
- Bodnarchuk v. Barnhart, 70 F. App'x 411 (9th Cir. 2003).unpublished
- Gardner v. Barnhart, 73 F. App'x 193 (9th Cir. 2003).unpublished
- Grey v. Barnhart, 123 F. App'x 778 (9th Cir. 2005).unpublished
- Bousquet v. Apfel, 118 F. Supp. 2d 1049 (C.D. Cal. 2000).published
- Kimbell v. Comm'r of Soc. Sec. Admin., No. 2:18-cv-04113 (D. Ariz. Dec. 4, 2019).
- Mueller v. Comm'r of Soc. Sec. Admin., No. 3:20-cv-08344 (D. Ariz. July 13, 2022).
- Holden v. Comm'r of Soc. Sec. Admin., No. 2:21-cv-01437, 2023 WL 2186574 (D. Ariz. Feb. 23, 2023).
- (SS) Winkler v. Comm'r of Soc. Sec., No. 1:18-cv-00099 (E.D. Cal. Sept. 30, 2019).
- (SS) Mai v. Comm'r of Soc. Sec., No. 2:20-cv-01163 (E.D. Cal. June 23, 2021).
- (SS) Gitchell v. Comm'r of Soc. Sec., No. 1:21-cv-00157 (E.D. Cal. Feb. 6, 2023).
- (SS) Lewis v. Comm'r of Soc. Sec., No. 1:21-cv-01243 (E.D. Cal. Feb. 23, 2023).
- (SS) Sanchez v. Comm'r of Soc. Sec., No. 1:22-cv-00091 (E.D. Cal. Mar. 3, 2023).
- (SS) Pirro v. Comm'r of Soc. Sec., No. 1:21-cv-00587 (E.D. Cal. Apr. 26, 2023).
- (SS) Perez v. Comm'r of Soc. Sec., No. 1:22-cv-00297 (E.D. Cal. June 15, 2023).
- (SS)Kaur v. Comm'r of Soc. Sec., No. 1:22-cv-00697 (E.D. Cal. June 27, 2023).
- (SS) Keener v. Comm'r of Soc. Sec., No. 1:22-cv-01061 (E.D. Cal. July 10, 2023).
- (SS) Garcia v. Comm'r of Soc. Sec., No. 1:22-cv-01473 (E.D. Cal. Sept. 11, 2023).
- Witcher v. Berryhill, No. 4:18-cv-00220 (D. Idaho Aug. 9, 2019).
- Sharp v. Comm'r of Soc. Sec., No. 4:18-cv-00270 (D. Idaho Aug. 13, 2019).
- Harrison v. Berryhill, No. 4:18-cv-00177 (D. Idaho Sept. 19, 2019).
- Dickinson v. Berryhill, No. 3:18-cv-00162 (D. Idaho Aug. 13, 2019).
- Martinez v. Berryhill, No. 4:17-cv-00516 (D. Idaho Sept. 10, 2019).
- Woolf v. Berryhill, No. 1:18-cv-00280 (D. Idaho Sept. 20, 2019).
- Delia v. Comm'r of Soc. Sec., No. 1:18-cv-00314 (D. Idaho Sept. 23, 2019).
- Jackson v. Comm'r of Soc. Sec., No. 3:18-cv-00108 (D. Idaho Sept. 23, 2019).
- Hitchcock v. Comm'r of Soc. Sec., No. 2:18-cv-00083 (D. Idaho Sept. 25, 2019).
- Bayless v. Berryhill, No. 1:18-cv-00354 (D. Idaho Sept. 20, 2019).
- Bast v. Comm'r of Soc. Sec., No. 2:18-cv-00547 (D. Idaho Mar. 23, 2020).
- Ziemer v. Comm'r of Soc. Sec., No. 1:18-cv-00528 (D. Idaho Mar. 11, 2020).
- Cunnington v. Comm'r of Soc. Sec., No. 2:19-cv-00035 (D. Idaho Mar. 28, 2020).
- Fraga-Jimenez v. Berryhill, No. 1:18-cv-00430 (D. Idaho Mar. 16, 2020).
- Johnson v. Comm'r of Soc. Sec., No. 2:19-cv-00045 (D. Idaho Apr. 22, 2020).
- Richmond v. Berryhill, No. 1:19-cv-00177 (D. Idaho May 26, 2020).
- Spengler v. Berryhill, No. 1:19-cv-00135 (D. Idaho June 1, 2020).
- Kizanis v. Comm'r of Soc. Sec., No. 2:19-cv-00281 (D. Idaho May 12, 2020).
- Seely v. Comm'r of Soc. Sec., No. 4:19-cv-00180 (D. Idaho Sept. 16, 2020).
- Vargas v. Saul, No. 4:19-cv-00299, 2020 WL 5521039 (D. Idaho Sept. 14, 2020).
- Axtman v. Comm'r of Soc. Sec., No. 2:19-cv-00194 (D. Idaho Sept. 29, 2020).
- Heaton v. Comm'r of Soc. Sec., No. 4:19-cv-00196 (D. Idaho Nov. 2, 2020).
- Groner v. Saul, No. 3:19-cv-00288 (D. Idaho Nov. 16, 2020).
- Sharbrough v. Comm'r of Soc. Sec., No. 2:19-cv-00134 (D. Idaho Nov. 30, 2020).
- Dalka v. Comm'r of Soc. Sec., No. 2:19-cv-00150 (D. Idaho Nov. 30, 2020).
- Monzella v. Saul, No. 1:19-cv-00314 (D. Idaho Feb. 16, 2021).
- Noyce v. Saul, No. 1:19-cv-00409 (D. Idaho Feb. 11, 2021).
- Fries v. Saul, No. 1:19-cv-00486 (D. Idaho Mar. 3, 2021).
- Kent v. Saul, No. 4:20-cv-00043 (D. Idaho Mar. 3, 2021).
- Kurt Benkenstein v. Andrew Saul, No. 4:19-cv-00404 (D. Idaho Mar. 22, 2021).
- Lahti v. Saul, No. 1:19-cv-00489 (D. Idaho Mar. 31, 2021).
- Smith v. Comm'r of Soc. Sec., No. 1:20-cv-00105 (D. Idaho June 28, 2021).
- Walton v. Kijakazi, No. 4:20-cv-00078 (D. Idaho July 21, 2021).
- Ade v. Saul, No. 3:20-cv-00233 (D. Idaho Aug. 20, 2021).
- Bowen v. Comm'r of Soc. Sec., No. 4:20-cv-00232 (D. Idaho Sept. 1, 2021).
- Simpson v. Comm'r of Soc. Sec., No. 4:20-cv-00354 (D. Idaho Sept. 2, 2021).
- Wilson v. Comm'r of Soc. Sec., No. 4:20-cv-00387 (D. Idaho Oct. 12, 2021).
- Swenson v. Saul, No. 1:20-cv-00231 (D. Idaho Oct. 19, 2021).
- McCoy v. Kijakazi, No. 1:20-cv-00339 (D. Idaho Sept. 29, 2021).
- Hill v. Saul, No. 1:20-cv-00357 (D. Idaho Sept. 22, 2021).
- Nichols v. Saul, No. 1:20-cv-00470 (D. Idaho Dec. 22, 2021).
- Christensen v. Comm'r of Soc. Sec., No. 4:20-cv-00262 (D. Idaho Sept. 22, 2021).
- Smith v. Comm'r of Soc. Sec., No. 1:20-cv-00332 (D. Idaho Dec. 14, 2021).
- Mardanghomi v. Saul, No. 1:20-cv-00425 (D. Idaho Dec. 1, 2021).
- Pitcher v. Saul, No. 1:20-cv-00469 (D. Idaho Jan. 25, 2022).
- Janssen v. Comm'r of Soc. Sec., No. 2:20-cv-00568 (D. Idaho Mar. 8, 2022).
- Garza v. Saul, No. 1:20-cv-00507 (D. Idaho Mar. 31, 2022).
- Gatejen v. Saul, No. 1:20-cv-00306 (D. Idaho Mar. 28, 2022).
- Pierman v. Saul, No. 1:21-cv-00225 (D. Idaho June 7, 2022).
- Bower v. Comm'r of Soc. Sec., No. 1:21-cv-00191 (D. Idaho July 18, 2022).
- Devenney v. Comm'r of Soc. Sec., No. 4:21-cv-00180 (D. Idaho Aug. 5, 2022).
- Riddle v. Comm'r of Soc. Sec., No. 1:21-cv-00133 (D. Idaho Aug. 9, 2022).
- Kalim v. Saul, No. 1:20-cv-00520 (D. Idaho Aug. 9, 2022).
- Grunig v. Comm'r of Soc. Sec., No. 4:21-cv-00179 (D. Idaho Aug. 17, 2022).
- Kent v. Comm'r of Soc. Sec., No. 4:21-cv-00178 (D. Idaho Oct. 24, 2022).
- Rydalch v. Comm'r of Soc. Sec., No. 4:21-cv-00141 (D. Idaho Sept. 30, 2022).
- O'Brien v. Kijakazi, No. 1:21-cv-00403 (D. Idaho Dec. 8, 2022).
- Wayment v. Kijakazi, No. 1:22-cv-00013 (D. Idaho Jan. 18, 2023).
- Garcia v. Comm'r of Soc. Sec., No. 1:21-cv-00162 (D. Idaho Mar. 10, 2023).
- Keefe v. Comm'r of Soc. Sec., No. 1:22-cv-00107 (D. Idaho Apr. 4, 2023).
- Garza v. Comm'r of Soc. Sec., No. 1:22-cv-00300 (D. Idaho Apr. 19, 2023).
- Miller v. Comm'r of Soc. Sec., No. 2:22-cv-00012 (D. Idaho May 24, 2023).
- Byrne v. Kijakazi, No. 1:22-cv-00304 (D. Idaho Aug. 2, 2023).
- Nelson v. Comm'r of Soc. Sec., No. 4:22-cv-00119 (D. Idaho Aug. 1, 2023).
- Gibson v. Colvin, No. 2:16-cv-01885 (D. Nev. Aug. 26, 2019).
- (SS) Sepulveda v. Comm'r of Soc. Sec., No. 1:22-cv-01080 (E.D. Cal. July 21, 2023).
- Gracey v. Comm'r of Soc. Sec., No. 3:22-cv-05706 (W.D. Wash. May 12, 2023).
- Anschell v. Comm'r of Soc. Sec., No. 3:25-cv-05172 (W.D. Wash. Sept. 30, 2025).
At page 1090 Evaluating credibility through inconsistent testimony and observations110 citing casesinconsistent testimony about symptoms is 22 clear and convincing reason to discount subjective allegations
- Strode v. Comm'r Soc. Sec. Admin., No. 6:22-cv-01934 (D. Or. May 21, 2024). 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
- Marvin Saunders v. Michael Astrue, 433 F. App'x 531 (9th Cir. 2011).unpublished
- Wake v. Comm'r of Soc. Sec., 461 F. App'x 608 (9th Cir. 2011).unpublished
- Maureen Thomas v. Jo Anne Barnhart, Comm'r of the Soc. Sec. Admin., 278 F.3d 947 (9th Cir. 2002).published
- Glenda Brown v. Comm'r of Soc. Sec., 532 F. App'x 688 (9th Cir. 2013).unpublished
- Hardwick v. Astrue, 782 F. Supp. 2d 1170 (E.D. Wash. 2011).published
- Galligan v. Astrue, 656 F. Supp. 2d 1067 (D. Ariz. 2009).published
- Khounesavatdy v. Astrue, 549 F. Supp. 2d 1218 (E.D. Cal. 2008).published
- Michaela Kellner v. Carolyn Colvin, 603 F. App'x 592 (9th Cir. 2015).unpublished
- Tammy Wallis v. Carolyn W. Colvin, 608 F. App'x 489 (9th Cir. 2015).unpublished
- Barbara Webber v. Carolyn Colvin, 659 F. App'x 447 (9th Cir. 2016).unpublished
- Bevans v. Barnhart, 60 F. App'x 167 (9th Cir. 2003).unpublished
- Lopez v. Colvin, 194 F. Supp. 3d 903 (D. Ariz. 2016).published
- Candyce Smith v. Kilolo Kijakazi, No. 21-35625 (9th Cir. Aug. 29, 2022).unpublished
- Castaneda v. Astrue, 344 F. App'x 396 (9th Cir. 2009).unpublished
- Leaks v. Astrue, 240 F. App'x 743 (9th Cir. 2007).unpublished
- Dominguez v. Colvin, 927 F. Supp. 2d 846 (C.D. Cal. 2013).published
- Johnson v. Colvin, 949 F. Supp. 2d 1025 (S.D. Cal. 2013).published
- John Joseph Woods v. Nancy A. Berryhill, No. 2:18-cv-06439 (C.D. Cal. Aug. 14, 2019).
- Martha Crosthwaite v. Nancy A. Berryhill, No. 2:18-cv-05576 (C.D. Cal. Aug. 19, 2019).
- Doyle v. Comm'r of Soc. Sec. Admin., No. 2:21-cv-00296 (D. Ariz. Sept. 20, 2022).
- Kavrah v. Comm'r of Soc. Sec. Admin., No. 2:21-cv-01943 (D. Ariz. Feb. 28, 2023).
- Westphal v. Comm'r of Soc. Sec. Admin., No. 2:22-cv-01543 (D. Ariz. Sept. 12, 2023).
- Harris v. Comm'r of Soc. Sec. Admin., No. 4:22-cv-00462 (D. Ariz. Sept. 14, 2023).
- Washington v. Comm'r of Soc. Sec. Admin., No. 2:22-cv-00649 (D. Ariz. Sept. 20, 2023).
- Krider v. Comm'r of Soc. Sec. Admin., No. 2:22-cv-00864 (D. Ariz. Sept. 26, 2023).
- (SS) Martinez v. Comm'r of Soc. Sec., No. 1:19-cv-00074 (E.D. Cal. Feb. 28, 2020).
- (SS) Knight v. Comm'r of Soc. Sec., No. 1:19-cv-00452 (E.D. Cal. July 2, 2020).
- (SS)Hernandez v. Comm'r of Soc. Sec., No. 1:19-cv-01621 (E.D. Cal. Feb. 8, 2022).
- Paula Jean Rier v. Andrew M. Saul, No. 8:19-cv-01184 (C.D. Cal. Dec. 11, 2019).
- Colin Kelly Rock v. Nancy A. Berryhill, No. 2:18-cv-09464 (C.D. Cal. Mar. 16, 2020).
- Deborah L. Jones v. Andrew Saul, No. 5:19-cv-02022 (C.D. Cal. Apr. 29, 2020).
- Richard Payne v. Andrew Saul, No. 2:19-cv-10246 (C.D. Cal. June 2, 2020).
- Herbert Foerstel v. Andrew Saul, No. 2:20-cv-04280 (C.D. Cal. Dec. 14, 2020).
- (SS) Mao v. Comm'r of Soc. Sec., No. 1:20-cv-00006 (E.D. Cal. Mar. 4, 2022).
- (SS) Crummett v. Comm'r of Soc. Sec., No. 2:22-cv-00593 (E.D. Cal. Sept. 29, 2023).
- Simms v. Comm'r of Soc. Sec., No. 3:18-cv-03897 (N.D. Cal. Sept. 18, 2019).
- Webb v. Acting Comm'r of Soc. Sec., No. 5:19-cv-00589 (N.D. Cal. Dec. 12, 2019).
- Boytz v. Comm'r Soc. Sec. Admin., No. 6:18-cv-00235 (D. Or. Nov. 8, 2019).
- Kunish v. O'Malley, No. 23-2844 (9th Cir. Oct. 29, 2024).unpublished
- Lemery v. Saul, No. 2:18-cv-00174 (E.D. Wash. Sept. 23, 2019).
- Arbuckle v. Comm'r of Soc. Sec., No. 4:19-cv-05085 (E.D. Wash. May 28, 2020).
- Moore v. Saul, No. 1:20-cv-03039 (E.D. Wash. Feb. 1, 2021).
- Haynes v. Kijakazi, No. 2:20-cv-00262 (E.D. Wash. Aug. 31, 2021).
- Redmond v. Kijakazi, No. 4:20-cv-05197 (E.D. Wash. Sept. 6, 2022).
- Jordan v. Berryhill, No. 3:18-cv-05296 (W.D. Wash. Sept. 4, 2019).
- Anderson v. Comm'r of Soc. Sec., No. 3:18-cv-05878 (W.D. Wash. Sept. 20, 2019).
- Garcia v. Comm'r of Soc. Sec., No. 3:18-cv-05769 (W.D. Wash. Dec. 5, 2019).
- Nyirenda v. Comm'r of Soc. Sec., No. 2:19-cv-00455 (W.D. Wash. Dec. 19, 2019).
- Cook v. Comm'r of Soc. Sec., No. 3:18-cv-05875 (W.D. Wash. Dec. 19, 2019).
- McCaslin v. Comm'r of Soc. Sec., No. 2:19-cv-00125 (W.D. Wash. Jan. 31, 2020).
- May v. Comm'r of Soc. Sec., No. 3:19-cv-05393 (W.D. Wash. Feb. 3, 2020).
- Rodarte v. Comm'r of Soc. Sec., No. 2:19-cv-00160 (W.D. Wash. Feb. 27, 2020).
- Parker v. Comm'r of Soc. Sec., No. 3:19-cv-05147 (W.D. Wash. Mar. 24, 2020).
- Stoner v. Comm'r of Soc. Sec., No. 3:19-cv-05067 (W.D. Wash. Mar. 24, 2020).
- De Echeverria v. Comm'r of Soc. Sec., No. 3:19-cv-05875 (W.D. Wash. Mar. 27, 2020).
- Baker v. Comm'r of Soc. Sec., No. 3:18-cv-06048 (W.D. Wash. Mar. 30, 2020).
- Chiccino v. Comm'r of Soc. Sec., No. 3:19-cv-05486 (W.D. Wash. June 18, 2020).
- Ragsdale v. Comm'r of Soc. Sec., No. 3:19-cv-05214 (W.D. Wash. June 30, 2020).
- Bouvia v. Comm'r of Soc. Sec., No. 3:19-cv-05109 (W.D. Wash. June 30, 2020).
- Van Coevern v. Comm'r of Soc. Sec., No. 3:19-cv-05198 (W.D. Wash. July 17, 2020).
- Cramer v. Comm'r of Soc. Sec., No. 2:18-cv-01854 (W.D. Wash. July 17, 2020).
- Edmiston v. Comm'r of Soc. Sec., No. 3:19-cv-05278 (W.D. Wash. Aug. 13, 2020).
- Quintero v. Comm'r of Soc. Sec., No. 3:19-cv-05404 (W.D. Wash. Aug. 17, 2020).
- T.Y.R. v. Comm'r of Soc. Sec., No. 3:19-cv-05268 (W.D. Wash. Sept. 15, 2020).
- Black v. Comm'r of Soc. Sec., No. 2:19-cv-00819 (W.D. Wash. Sept. 15, 2020).
- Aquino v. Comm'r of Soc. Sec., No. 3:19-cv-05184 (W.D. Wash. Sept. 30, 2020).
- Bennett v. Comm'r of Soc. Sec., No. 2:19-cv-01228 (W.D. Wash. Sept. 30, 2020).
- Weir v. Comm'r of Soc. Sec., No. 3:19-cv-05513 (W.D. Wash. Oct. 14, 2020).
- Murray v. Comm'r of Soc. Sec., No. 3:19-cv-05499 (W.D. Wash. Oct. 13, 2020).
- Petrucci v. Comm'r of Soc. Sec., No. 2:19-cv-01084 (W.D. Wash. Nov. 10, 2020).
- Lundgren v. Comm'r of Soc. Sec., No. 2:20-cv-00504 (W.D. Wash. Nov. 23, 2020).
- Skavland v. Comm'r of Soc. Sec., No. 2:19-cv-01759 (W.D. Wash. Nov. 30, 2020).
- Nunnally v. Comm'r of Soc. Sec., No. 3:19-cv-05809 (W.D. Wash. Jan. 6, 2021).
- Hansen v. Comm'r of Soc. Sec., No. 3:19-cv-06224 (W.D. Wash. Jan. 26, 2021).
- Bruno v. Comm'r of Soc. Sec., No. 3:19-cv-05680 (W.D. Wash. Feb. 16, 2021).
- Pickrell v. Comm'r of Soc. Sec., No. 3:19-cv-06191 (W.D. Wash. Mar. 4, 2021).
- Nybo v. Comm'r of Soc. Sec., No. 2:20-cv-00233 (W.D. Wash. Mar. 5, 2021).
- Wielenbeck v. Comm'r of Soc. Sec., No. 3:19-cv-05940 (W.D. Wash. Mar. 12, 2021).
- Bonds v. Comm'r of Soc. Sec., No. 3:19-cv-06210 (W.D. Wash. Mar. 16, 2021).
- Aguilar v. Comm'r of Soc. Sec., No. 3:19-cv-05995 (W.D. Wash. Mar. 17, 2021).
- Speyer v. Comm'r of Soc. Sec., No. 3:19-cv-06008 (W.D. Wash. Mar. 23, 2021).
- Bennett v. Comm'r of Soc. Sec., No. 3:20-cv-05202 (W.D. Wash. Mar. 29, 2021).
- Sharp v. Comm'r of Soc. Sec., No. 3:19-cv-06064 (W.D. Wash. Apr. 8, 2021).
- Foster v. Comm'r of Soc. Sec., No. 3:20-cv-05474 (W.D. Wash. May 13, 2021).
- Binford v. Comm'r of Soc. Sec., No. 3:19-cv-05869 (W.D. Wash. Mar. 31, 2021).
- Smith v. Comm'r of Soc. Sec., No. 3:20-cv-05882 (W.D. Wash. June 22, 2021).
- Romo v. Comm'r of Soc. Sec., No. 2:20-cv-00766 (W.D. Wash. June 25, 2021).
- Barrett v. Comm'r of Soc. Sec., No. 2:20-cv-01197 (W.D. Wash. Sept. 21, 2021).
- Caudill v. Comm'r of Soc. Sec., No. 3:20-cv-06196 (W.D. Wash. Nov. 8, 2021).
- Holbrook v. Comm'r of Soc. Sec., No. 3:21-cv-05758 (W.D. Wash. Mar. 25, 2022).
- Duran v. Comm'r of Soc. Sec., No. 3:21-cv-05405 (W.D. Wash. Apr. 4, 2022).
- Alexander v. Comm'r of Soc. Sec., No. 3:21-cv-05697 (W.D. Wash. July 19, 2022).
- Shrofe v. Comm'r of Soc. Sec., No. 3:22-cv-05003 (W.D. Wash. Sept. 23, 2022).
- Graham v. Comm'r of Soc. Sec., No. 2:22-cv-00519 (W.D. Wash. Nov. 3, 2022).
- VanCoevern v. Comm'r of Soc. Sec., No. 3:23-cv-05891 (W.D. Wash. Aug. 13, 2024).
- Rodenhauser v. Comm'r of Soc. Sec., No. 2:23-cv-02011 (W.D. Wash. Oct. 9, 2024).
- Matthews v. Comm'r of Soc. Sec., No. 3:25-cv-05226 (W.D. Wash. Aug. 7, 2025).
- Sarah M. Q. v. Frank Bisignano, Comm'r of Soc. Sec., No. 8:25-cv-00586 (C.D. Cal. Nov. 24, 2025).
- Claw-Manson, No. 3:25-cv-08197 (D. Ariz. Sept. 9, 2026).
At page 1087 “may not substitute its judgment for that of the commissioner.”2 citing cases
- 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.’”
v.
Kenneth S. APFEL, Commissioner of Social Security, Defendant-Appellee
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.