News & Information

CCH® UNEMPLOYMENT INSURANCE — 05/24/17

Treating physician's opinion properly discounted where claimant's medical records showed normal results

When considering the opinion of a treating physician, the Commissioner may assign it little weight if it is inconsistent with other, substantial evidence in the record. Here, the claimant argued that the Commissioner improperly discounted the opinion of his treating physician when finding that he had the residual functional capacity (RFC) for light work, with modifications. The treating physician had stated that the claimant's chronic pain and fatigue would prevent him from working. However, the record contained evidence of physical examinations during the same time period that showed normal results, the claimant's own contemporaneous reports denying problems with pain or loss of motor skills, a differing opinion from another physician, symptom control through treatment recommendations, and the claimant's own daily activities. Such an administrative record supported assigning little weight to the treating physician's opinion. Moreover, the claimant's light work RFC assessment was restricted to include modifications based on the credible limitations in the record. When taken as a whole, substantial evidence supported the decision to discount the treating physician's opinion and the RFC determination (Donald Fentress v. Berryhill, CA-8, No. 16-1933, February 25, 2017).