Harvey v. Richardson
Cases that cite this one
22 later published cases cite this decision. The 21 that cite it most often are listed here.
- Davis v. Mathews (United States District Court for the Eastern District of California 1978)
- Powell v. Chater (United States District Court for the Central District of California 1997)
- Saulsberry v. Chater (United States District Court for the Central District of California 1997)
- Barbato v. Commissioner of Social Security Administration (United States District Court for the Central District of California 1996)
- Payan v. Chater (United States District Court for the Central District of California 1996)
- Cansio v. Shalala (United States District Court for the Central District of California 1993)
- Hall v. Heckler (United States District Court for the Northern District of California 1985)
- Swope v. Heckler (United States District Court for the Northern District of California 1984)
- Fyffe v. Heckler (United States District Court for the District of Arizona 1984)
- Brownton v. Heckler (United States District Court for the Northern District of California 1983)
- Martin v. Schweiker (United States District Court for the Northern District of California 1982)
- Lepo v. Schweiker (United States District Court for the Northern District of California 1982)
- Lauretta L. Dobbins v. Richard Schweiker, Secretary of Health and Human Services (9th Cir. 1981)
- Murray v. Schweiker (United States District Court for the Southern District of California 1981)
- Gomez v. Harris (United States District Court for the District of Alaska 1981)
- Lugot v. Harris (District Court, D. Nevada 1980)
- Holguin v. Harris (United States District Court for the Northern District of California 1979)
- Craun v. Califano (United States District Court for the Northern District of California 1978)
- Clara A. Torske v. Elliot L. Richardson, Secretary of Health, Education, and Welfare (9th Cir. 1973)
- John J. Beane v. Elliot L. Richardson, as Secretary of Health, Education, and Welfare (9th Cir. 1972)
- Cunningham v. Finch (United States District Court for the District of Idaho 1971)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appellant’s application for disability benefits under 42 U.S.C. §§ 416(i) and 423 was denied. Thereafter, she instituted an action in the district court under 42 U.S.C. § 405(g) to review the ap-pellee’s decision denying her benefits. The district court, 313 F.Supp. 323, granted a motion for summary judgment and the appellant now appeals from that judgment. We affirm.
Where, as here, the evidence is in conflict, it is the function of the appellee to decide all issues of fact. Jacobs v. Finch, 421 F.2d 843 (9th Cir. 1970). His findings are conclusive if supported by substantial evidence, looking to the record as a whole. The same rule extends to all inferences and conclusions that may reasonably be drawn from the evidence. Mark v. Celebrezze, 348 F.2d 289, 293 (9th Cir. 1965); McMullen v. Celebrezze, 335 F.2d 811, 814 (9th Cir. 1964), cert. denied 382 U.S. 854, 86 S.Ct. 106, 15 L.Ed.2d 92 (1965), rehearing denied 382 U.S. 922, 86 S.Ct. 295, 15 L. Ed.2d 238 (1965).
The decision of the appellee is grounded upon the testimony of a vocational counselor, three physicians and a hospital report. This testimony is adequate to support the finding that appellant was not under a disability as defined by the Social Security Act. 42 U.S.C. §§ 416(i), 423(d).
True enough, the record might support a finding in the opposite direction. However, where there is conflicting evidence sufficient to support either outcome, we must affirm the judgment. Rhinehart v. Finch, 438 F.2d 920, 921 (9th Cir. 1971).
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.