Vossen v. Astrue, -- F.3d --, No. 09-1985 (8th Cir. July 16, 2010)

Bright, Circuit Judge

The Appeals Court remanded the case for a new hearing before the ALJ directing the ALJ to recontact the claimant's treating physician to authenticate parts of the RFC signed by the physician. Where the ALJ questions the authenticity of the data and observations that specifically addres the claimant's RFC, the ALJ must recontact the treating physician to establish the authenticity of the TP's opinon about the issue that might be controlling (here, the portion of the TP's report rejected by the ALJ specifically addressed the claimant's standing and sitting limitations, and supported the claimant's alleged disability.

Attachment Size
091985P.pdf (25.14 KB) 25.14 KB