SSR 17-2p: Evidence Needed by Adjudicators at the Hearings and Appeals Council Levels of the Administrative Review Process to Make Findings about Medical Equivalence (Rescinded and replaced SSR 96-6p, effective March 27, 2017)

• Author: David Traver/David Ferrari
• Pages: 257-278

SSR 172P

9-1

CHAPTER 9

SSR 17-2p

Evidence Needed by Adjudicators at the

Hearings and Appeals Council Levels of the

Administrative Review Process to Make Findings

about Medical Equivalence (Rescinded and

replaced SSR 96-6p, effective March 27, 2017)

§900 INTRODUCTION

§900.0.1 Experts By Fiat? Hardly

§900.0.2 Practice Tip: Sample Argument

§900.1 Opinions by Non-Treating Sources

§900.1.1 Practice Tip: State Agency Reports as Noncompetent Bases for Evaluation

§900.2 Where Are These Non-Treating Medical Opinions?

§900.2.1 Practice Tip: Did the ALJ Actually Rely on the State Agency Opinions?

§901 THE ROLE OF STATE AGENCY PROGRAM PHYSICIANS AND PSYCHOLOGISTS IN

“EQUIVALENCE” DETERMINATIONS

§901.1 Mandated Standards for Obtaining Medical Expert Opinion

§901.2 Case on Point: Consulting Agency Doctors for Medical Equivalence

§901.3 Once Obtained, Medical Expert Opinions Are Not Binding

§901.4 Practice Tip

§902 USING THE MEDICAL EXPERT CALLED BY THE AGENCY TO ESTABLISH EQUIVALENCE

§902.1 Establishing Medical Equivalence

§902.2 Symptoms, Signs and Laboratory Findings

§903 THE TOUGH STANDARD FOR WEIGHING MEDICAL OPINIONS OF

NONTREATING AGENCY PROGRAM PHYSICIANS AND PSYCHOLOGISTS

§903.0.1 Case on Point: Specializations and the Quality of

State Agency Review in a Fibromyalgia Claim

§903.1 These Standards May Not Be Inferred From the Decision

§903.2 Ignored State Agency Opinions and the Problem of Harmless Error

§903.3 Implied Compliance With SSR 96-6p

§903.4 Electronic Signatures on Consultative Reports

SSR 172P

Social Security Disability Advocate’s Handbook 9-2

§904 USING A TREATING SOURCE OPINION TO PROVE EQUIVALENCE

§905 PRACTICE TIP: USE SSR 966P TO SHOW THE ALJ IMPROPERLY ALLOCATED WEIGHT

§906 NONEXAMINING SOURCE OPINIONS MAY BE GIVEN GREATER WEIGHT THAN TREATING

SOURCE OPINIONS

§907 REQUESTING SUBPOENAS OF STATE AGENCY PHYSICIANS AND PSYCHOLOGISTS

§907.1 Why Not to Subpoena State Agency Doctors

§907.2 Practice Tip

§907.3 Elements of a Request for Subpoena

§908 INTRODUCTION TO SSR 172P

§908.1 Few Cases Address SSR 17-2p