News & Information

CCH® UNEMPLOYMENT INSURANCE — 8/20/14

Treating physician’s opinion properly given more weight in disability case at issue

Generally, a treating physician’s opinion and diagnoses are given considerable weight in benefits determinations. However, such opinions may be given less weight if the statements are not supported by the evidence. Moreover, it is for the ALJ to determine the credibility of medical experts and witnesses and weigh any opinions accordingly. Here, the claimant suffered from heart conditions and depression. His physicians’ statements offered differing opinions regarding his condition. The ALJ gave little weight to a treating physician’s opinion where the physician, using a check-box form, opined that the claimant had a major depressive disorder and was disabled. That opinion conflicted with other evidence in the record. Indeed, the physician’s other treatment notes indicated that the claimant was doing better and had only minor depression. The court concluded that the ALJ’s decision to find one physician’s opinion more credible than another’s was supported by the evidence. The denial of benefits was affirmed (Williams v. Commr., CA-5, No. 13-31111, July 15, 2014).