SSR 96-5p: Medical Source Opinions on Issues Reserved to the Commissioner

• Author: David Traver
• Pages: 218-240

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Chapter Eight

SSR 96-5p

Medical Source Opinions on Issues

Reserved to the Commissioner

§800 Introduction

§800.1 Purposes of SSR 96-5p

§801 Who Are “Acceptable Medical Sources”?

§801.1 What Is Needed to Show an Impairment?

§802 Who Are “Other Sources”?

§802.1 Practice Tip

§803 Importance to Representatives — Knowing the ALJ’s Duties

§803.1 Duty to Carefully Consider Medical Source Opinions About Any Issue and Duty to

Recontact Sources

§803.1.1 Practice Tip

§803.2 Duty to Weigh Medical Source Statements and Provide Appropriate Explanations

§803.3 Duty to Never Ignore a Medical Opinion

§803.4 Duty to Apply Specific Factors

§803.5 Duty to Apply Specific Factors — Ruling 06-03p

§803.6 Duty to Apply Specific Factors — Ruling 06-03p and Decisions on Disability by Other Governmen-

tal and Nongovernmental Agencies

§804 Weighing Medical Source Statements

§805 Treating Source Statements May Include Multiple Discrete Options

§806 There Is No Presumption That Any Medical Sources Would Use SSA Definitions in Their Medical Opin-

ions

§806.1 Application of 96-5p in Resolving Semantic Differences Between Medical Source

Statements and SSA Jargon

§807 State Agency Medical and Psychological Consultants as Highly Qualified Experts

§807.1 State Agency Medical and Psychological Consultants Usurping Decision Power From ALJs Regard-

ing Medical Equivalence

8-217 SSR 96-5p

§807.2 Providing Medical Opinions Regarding Medical Equivalence

§807.3 Remedy — Improper Rejection of Opinions on the Issue of “Disability”

§808 The History of RFC Assessments

§809 Cautions Regarding Sending Late Evidence to the Appeals Council