News & Information

CCH® UNEMPLOYMENT INSURANCE — 07/21/17

Eighth Circuit finds treating physician's opinion properly discounted

The opinion of a treating physician is generally accorded controlling weight if it is consistent with the other evidence in the record. An ALJ who assigns less than controlling weight to such an opinion must give good reasons for doing so. Here, the ALJ found that the claimant's testimony about the severity about her mental limitations was not entirely credible and assigned little weight to the opinion of her treating psychiatrist. The claimant argued that the ALJ erred. However, the treating physician had only examined the claimant once and his treatment notes were inconsistent with his later medical source statement about the impact of the claimant's symptoms on her abilities. Moreover, other evidence in the record also supported the ALJ's decision. A psychologist and two state agency consultants each concluded that the claimant was capable of some work with limitations. Given all the evidence contained in the record, the ALJ's determination to assign little weight to the treating psychiatrist's opinion was supported by substantial evidence. In addition, the opinion of the claimant's caseworker was properly afforded little weight because it was based on the claimant's own subjective reports. The ALJ determined that the claimant's characterization of her limitations was not entirely credible and she failed to challenge that determination on appeal. The denial of benefits was affirmed (Janet Chesser v. Berryhill, CA-8, No. 16-2191, 6/9/2017).