SSR 96-2p: Giving Controlling Weight to Treating Source Medical Opinions and 82 FR 15263 rescinding it with New Regulations (Rescinded effective March 27, 2017)

• Author: David Traver/David Ferrari
• Pages: 183-210

SSR 962P

5-1

CHAPTER 5

SSR 96-2p

Giving Controlling Weight to Treating

Source Medical Opinions and 82 FR

15263 rescinding it with New Regulations

(Rescinded effective March 27, 2017)

§500 INTRODUCTION

§500.1 How the Ruling Works

§500.2 Who Is a Medical Source?

§500.3 Practice Tip

§501 WHEN THE WEIGHT GIVEN TO A TREATING SOURCE’S MEDICAL OPINIONS MUST BE EXPLAINED

§501.1 The Duty to Consider and Evaluate All Medical Opinions

§502 THE “CONTROLLING WEIGHT” RULE OF SSR 962P

§502.1 Medically Acceptable

§502.2 Not Inconsistent

§502.3 Practice Tip: “Not Inconsistent” Is Not the Same as “Consistent”

§502.4 Well-Supported

§503 TREATING SOURCES AND “MEDICAL OPINIONS”

§503.1 Treating Sources

§503.2 Medical Opinions

§503.3 Medical Opinions Regarding Residual Functional Capacity (RFC)

§503.4 “Issues Reserved to the Commissioner” and Residual Functional Capacity (RFC)

§503.5 Multiple Limitations in a Treating Source Statement

§504 SSR 962P AND CIRCUIT PRECEDENT

§504.1 Bursting Bubble Theory and the Seventh Circuit

§504.2 The ALJ Must Provide Legitimate Reasons for Discounting a Treating Source Opinion

§505 REMEDIES FOR FAILURE TO FOLLOW SSR 962P

§505.1 Accepting the Source’s Opinion as True

§505.2 Remanding for Evaluation of the Source’s Opinion

§505.3 Substantial Evidence

§505.4 Substantial Evidence Versus Procedural Due Process

§505.5 Substantial Evidence, Procedural Due Process and Harmless Error (See §203.1)

SSR 962P

Social Security Disability Advocate’s Handbook 5-2

§506 PRACTICAL APPLICATIONS OF SSR 962P

§507 ALL THAT DIFFERS IS NOT NECESSARILY A CONFLICT

§508 NONMEDICAL EVIDENCE

§509 MEDICAL EXPERTS

§510 TREATINGSOURCES

§511 CONTROLLING WEIGHT VERSUS GREATEST WEIGHT

§512 THE EVERCHANGING CHAMELEON: SSR 962P

AND ADDITIONAL DEVELOPMENT OF THE RECORD

§512.1 Controlling the Record

§512.2 “Recontacting” Medical Sources Has Been Replaced With “Every Reasonable Effort”

§512.3 Controlling Consultative Examinations

§512.4 The Treating Source as Consultative Examiner

§513 CONFLICTS AND AMBIGUITIES MUST BE RESOLVED BY THE BOOK

§514 THE AGENCY’S DUTY TO DEVELOP THE RECORD PER SSR 174P

§515 AND 82 FR 15263 RESCINDING IT WITH NEW REGULATIONS

§516 CONCLUSION