Thursday, 28 July 2011 19:02

Weight of Medical Evidence

Written by  James E. D. Doern
Weight of Medical Evidence
Mussi v Astrue, 744 F.Supp.2d 390 (W.D.Pa.2010)
NOSSCR Volume 33, No. 5 – May, 2011

Administrative law judge in a social security case cannot reject a treating physicians opinion without providing reason that are “as comprehensible and analytical as feasible, and must provide the factual foundation for his decision and the specific findings that were rejected.” In this particular case there were several opinions rendered from treating sources of the poor emotional health of the claimant. At Rodriguez & Doern it is our recommendation that the claimants get whatever possible opinion testimonials from their treating physicians supported by the medical records which should be given controlling weight at the hearing. It significantly improves the claimant’s chance of being successful at a hearing if the treating physician supports the disability claim.

-James E. D. Doern, Esq.

Last modified on Friday, 21 October 2011 19:33
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