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Treating Physician

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Westlaw Citation Barrientos V. Sec'y HHS

Consulting examiner's opinions carry no less weight than those of the treating physician. Post - McDonald decision. Discussion of SSR 85-28.

1/1/1987
Westlaw Citation Currier V. HEW

A doctor's conclusory reflections as to claimant's employability, unaccompanied by any formal opinion and diagnoses, do not constitute substantial evidence. Due to non-adversarial nature of proceedings, SSA's responsibility to develop the evidence increases where claimant is unrepresented, where the claim seems on its face to be substantial, where there are gaps in the evidence needed for a reasoned evaluation of the claim, and where it is in the power of the ALJ, without undue effort, to see that the gaps are somewhat filled.

1/1/1980
Westlaw Citation Dudley V. Sec'y HHS

ALJ allowed to rely on medical advisor's opinion in the face of contradictory findings. Claimant's burden at Step 4 includes proving the particular demands of past work that she cannot perform. Secretary allowed to rely on medical advisor's opinion that the treadmill exercise test was acceptable. Treating physician's opinion not to be accorded greater weight.

1/1/1987
Westlaw Citation Gonzalez-Avala V. Sec'y HHS

Treating physician's opinion not binding on Secretary. Step 2 termination.

1/1/1986
Westlaw Citation Gray V. Heckler

Approves administrative notice of occupational reference materials for information regarding various types of work. Court notes that the 4th circuit has held that the Secretary may rely on general categories in the Supplement to the DOT as presumptively applicable to the claimant's past work. Claimant's burden to prove an inability to perform her former type of work. necessarily includes an obligation to produce evidence on that issue. Claimant must not only show that she cannot do her former job, she must demonstrate that she cannot return to her former type of work. Opinions of non-examining consulting physicians are entitled to weight. Physician's conclusory statements about claimant's disability not binding on Secretary. The Secretary can rely on a job held more than 10 years ago in determining whether claimant can return to prior work. In order to meet burden at step 4, claimant must establish that she cannot return to her former type of work, not just her inability to return to a particular past job.

1/1/1985
Westlaw Citation Sitar V. Schweiker

A treating physician's opinion may be rejected by the Secretary, who may accord greater weight to his own experts. Treating physician's diagnosis is not necessarily entitled to more weight than CEs.

1/1/1982


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