Tremblay V. Sec'y HHS


Although views of medical advisor are not always by themselves substantial evidence when medical advisor does not examine claimant, this rule is of limited value in a case involving a condition alleged to have existed many years before, and where claimant's proof of disability is slight. Conflict between evidence provided by the medical advisor and the treating physician is for Secretary to resolve. The principle enunciated in Browne is by no means an absolute rule. Findings of a non-testifying, non-examining physician by themselves, may constitute substantial evidence, in the face of a treating physician's conclusory statement of disability.