Torres V. Sec'y HHS


ALJ must determine what evidence he credits in order to pose a hypothetical which will be relevant and helpful. The issue of whether or not the testimony of a medical advisor who reviews the record and testifies at the hearing can alone constitute substantial evidence varies with the circumstances, including the nature of the illness and the information provided. The testimony of a non-examining medical advisor--to be distinguished from the non-testimonial written reports in the instant case--can alone constitute substantial evidence, depending on the circumstances.