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Wednesday, 20 March 2013 00:45

NOSSCR Newsletter

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As reported in the NOSSCR Social Security newsletter Volume 34, Number 2 dated February 2012 in case Papaleo v. Astrue, Northern District of Ohio, September 30, 2011, a District Court remanded an Administrative Law Judge’s failure to give proper weight to a treating physician.  The ALJ failed to give controlling weight, claiming that the doctor gave a “subjective, favorable evaluation of Plaintiff so that Plaintiff could obtain benefits from the Social Security Administration.”  The Court holds that this fact alone is not sufficient basis to conclude that the doctor’s opinion was biased and unreliable.  The court continued that there was no evidence on record that they had a friendly relationship and directed on remand that the judge assess the credibility of the doctor.

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