What is the test for a judge to accept an opinion from a doctor who says that the claimant's medical opinion is invalid?
MultiRegion, United States of America
The following excerpt is from Montijo v. Secretary of Health and Human Services, 729 F.2d 599 (9th Cir. 1983):
The administrative law judge is not bound by the uncontroverted opinions of the claimant's physicians on the ultimate issue of disability, 20 C.F.R. Sec. 404.1527 (1983), but he cannot reject them without presenting clear and convincing reasons for doing so. See Rhodes v. Schweiker, 660 F.2d 722, 723 (9th Cir.1981); Day v. Weinberger, 522 F.2d 1154, 1156 (9th Cir.1975).
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