Previously, the “Treating Physician Rule” provided that substantial weight should be given to the impairment opinions given by a treating doctor in a Social Security Disability Insurance claim. However, starting March 27, 2017, the Social Security Administration (SSA) will no longer prioritize the opinions of your personal doctors.
Instead, these opinions will be considered equally alongside those of doctors who conduct one-time consultative exams and Social Security’s own doctors who review your medical records and assess your functioning.
For claims filed on or after March 27, 2017, the SSA will use all of the new policies introduced in the regulation. For claims filed before March 27, 2017, the SSA will continue to follow some of the prior policies for the lifecycle of the claim.
§ 404.1527. Evaluating Opinion Evidence For Claims Filed Before March 27, 2017
If your claim was filed before March 27, 2027, Social Security’s regulations establish a framework for apportioning weight to medical opinions. 20 C.F.R. § 404.1527(c) says:
- The SSA must consider all medical opinions. Treating sources are given controlling weight if they are “well-supported by medically acceptable clinical and laboratory diagnostic techniques and [are] not inconsistent with the other substantial evidence in your case record . . .” Id. at 404.1527(c)(2).
- Otherwise, treating sources are evaluated upon consideration of the “[l]ength of the treatment relationship and the frequency of examination . . . [the] [n]ature and extent of the treatment relationship . . . [s]upportability . . . [c]onsistency . . . [s]pecialization . . . [and o]ther factors . . . which tend to support or contradict the opinion.” Id. at 404.1527(c)(2)-(6).
- As a general rule, examining sources are entitled to more weight than non-examining sources, and treating sources are entitled to more weight than non-treating sources. Id. at 404.1527(c)(1)-(2).
