§Why CasetextPricing

Pham v. Berryhill

Cross MOTION for Summary Judgment

23 Cited authorities

  1. Molina v. Astrue

    674 F.3d 1104 (9th Cir. 2012)   Cited 11,752 times
    Holding that an ALJ's error is harmless where it is "inconsequential to the ultimate nondisability determination"

  2. Garrison v. Colvin

    759 F.3d 995 (9th Cir. 2014)   Cited 9,811 times
    Holding that in mental health disability cases "it is error to reject a claimant's testimony merely because symptoms wax and wane in the course of treatment"

  3. Thomas v. Barnhart

    278 F.3d 947 (9th Cir. 2002)   Cited 12,798 times
    Holding that nonexamining physicians' opinions may "serve as substantial evidence when the opinions are consistent with independent clinical findings or other evidence in the record"

  4. Burch v. Barnhart

    400 F.3d 676 (9th Cir. 2005)   Cited 10,588 times
    Holding that the agency's conclusion will not be reversed for errors that are harmless

  5. Treichler v. Comm'r of Soc. Sec. Admin.

    775 F.3d 1090 (9th Cir. 2014)   Cited 5,153 times   1 Legal Analyses
    Holding that although an ALJ erred in assessing a claimant's testimony, a conflict between that testimony and the objective medical evidence warranted remand for further proceedings

  6. Andrews v. Shalala

    53 F.3d 1035 (9th Cir. 1995)   Cited 10,779 times
    Holding that eports of non-examining expert "may serve as substantial evidence when they are supported by other evidence in the record"

  7. Batson v. Comm. of Social Security Admin

    359 F.3d 1190 (9th Cir. 2004)   Cited 6,110 times
    Holding that "contradictions in the claimant's own testimony about his activities of daily living" can support an ALJ's negative credibility determination

  8. Burrell v. Colvin

    775 F.3d 1133 (9th Cir. 2014)   Cited 2,670 times   1 Legal Analyses
    Holding that the ALJ erred because "the ALJ did not elaborate on which daily activities conflicted with which part of Claimant's testimony"

  9. Bunnell v. Sullivan

    947 F.2d 341 (9th Cir. 1991)   Cited 6,067 times   2 Legal Analyses
    Holding ALJ's reasons must be "sufficiently specific" to allow court to conclude claimant's testimony was not arbitrarily discounted

  10. Fair v. Bowen

    885 F.2d 597 (9th Cir. 1989)   Cited 6,657 times
    Holding that a treating physician's reliance on a patient's own discredited subjective complaints is a specific and legitimate reason for discounting the physician's opinion

  11. Section 405 - Evidence, procedure, and certification for payments

    42 U.S.C. § 405   Cited 156,256 times   34 Legal Analyses
    Ruling out jurisdiction under 28 U.S.C. §§ 1331, 1346

  12. Section 423 - Disability insurance benefit payments

    42 U.S.C. § 423   Cited 68,514 times   2 Legal Analyses
    Finding of disability is prerequisite for eligibility and payment of DIB

  13. Section 404.1520 - Evaluation of disability in general

    20 C.F.R. § 404.1520   Cited 87,007 times   1 Legal Analyses
    Determining disability under Title II of the Act

  14. Section 404.1567 - Physical exertion requirements

    20 C.F.R. § 404.1567   Cited 40,446 times
    Defining sedentary work as "involv[ing] lifting no more than 10 pounds at a time and occasionally lifting or carrying articles like docket files, ledgers, and small tools" as well as "involv[ing] sitting a certain amount of walking and standing"

  15. Section 416.920 - Evaluation of disability of adults, in general

    20 C.F.R. § 416.920   Cited 34,856 times
    Determining disability under Title XVI of the act

  16. Section 404.1529 - How we evaluate symptoms, including pain

    20 C.F.R. § 404.1529   Cited 25,290 times
    Concluding that lack of treatment for mental anxiety was a factor in deciding that anxiety was not a severe impairment