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IL disability lawyerSocial Security disability cases are supposed to center on medical evidence, in particular, the diagnosis and expert views of the applicant's treating physicians. Social Security administrative law judges (ALJs) are normally expected to give “controlling weight” to a treating physician's views. If the ALJ discounts or rejects this testimony, there are a number of regulatory factors that must be considered and explained.

Magistrate: ALJ Failed to Follow Agency Regulations Before Discounting Doctor's Evidence

But as we have often found in practice, ALJs often disregard treating-physician evidence without giving a valid explanation, or even any explanation at all that conforms to the agency's own regulatory factors. A recent decision from a federal magistrate judge here in Illinois, Deborah AM v. Saul, offers a textbook example of this problem.

In this case, the plaintiff applied for disability benefits nearly five years ago. Following a hearing on the plaintiff's application, a Social Security ALJ held she did not legally qualify for disability benefits. The ALJ reached this conclusion after deciding not to give controlling weight to the evidence offered by the plaintiff's treating physician.

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