What is the weight given to medical opinions?

MultiRegion, United States of America

The following excerpt is from Derenne v. Colvin, No. 2:13-cv-0183 AC (E.D. Cal. 2014):

The weight given to medical opinions depends in part on whether they are proffered by a treating, examining, or non-examining doctor. See Lester, 81 F.3d at 831. Those physicians with the most significant clinical relationship with the claimant are generally entitled to more weight than those physicians with lesser relationships. Carmickle v. Comm'r of Soc. Sec. Admin., 533 F.3d 1155, 1164 (9th Cir. 2008). As such, superior weight should be given to the opinion of a treating source, who has a greater opportunity to know and observe the patient as an individual. See Lester, 81 F.3d at 831; Smolen, 80 F.3d at 1285. The opinion of an examining physician is, in turn, entitled to greater weight than the opinion of a non-examining physician. See Lester, 81 F.3d at 830; 20 C.F.R. 416.927(d)(1).

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