20 C.F.R. § 404.1527
Evaluating medical opinions: the cases that interpreted this section
13,012 citing cases reviewed of 23,130 in the citation index: 10,655 interpreted the section (annotated below), 2,357 cited it only in passing. Cases filed after 2026-06-24 may not have been reviewed yet.
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These notes show how courts have ruled. Ask about your specific facts and see which of these rulings apply, with citations you can check.
Opinions on issues reserved to the Commissioner
Law changed since Since March 27, 2017, § 404.1527 applies to claims filed before that date; § 404.1520c governs evaluation of medical opinions for later claims (82 FR 5844).
Section 404.1527(d)(1) and (d)(3) treats an opinion that a claimant is disabled as addressing an issue reserved to the Commissioner and deserving no weight.
Brown v. Commissioner of Social Security · filed 2024-03-01(d)(1), (d)(3)
With respect to Dr. Harmon’s statement, plaintiff argues only that the ALJ erred by giving the statement partial weight but “failing to acknowledge [Dr. Harmon’s] comment asking, ‘Why has SSA repeatedly concluded that [plaintiff] is not significantly disabled?’” Dkt. 13 at 8 (quoting AR 2968). The ALJ did not err by failing to address this question. To the extent Dr. Harmon’s question was intended to express an opinion that plaintiff should be found disabled, the question was an opinion on an issue “reserved to the Commissioner” deserving no weight. 20 C.F.R. § 404.1527(d)(1), (d)(3).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d)(1) and (d)(3) permit an ALJ to discount a source’s opinion that a claimant is disabled because disability is an issue reserved to the Commissioner.
Lewis v. Commissioner of Social Security · filed 2024-03-15(d)(1), (d)(3)
As for the ALJ’s first reason, it was proper for the ALJ to discount Ms. Stenerson’s statements regarding her opinion that plaintiff is disabled; that is a determination “reserved to the Commissioner.” 20 C.F.R. § 404.1527(d)(1), (d)(3).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d)(1) provides that a medical source’s statement that a claimant is disabled or unable to work does not determine disability because that issue is reserved to the Commissioner.
Dillard v. Social Security Administration, Commissioner · filed 2024-03-27(d)(1)
Moreover, a “statement by a medical source that [the claimant is] ‘disabled’ or ‘unable to work’ does not mean that [the SSA] will determine” that the claimant is “disabled.” 20 C.F.R. § 404.1527(d)(1). That is because opinions about whether a claimant is disabled, the claimant’s “residual functional capacity” (RFC), and the application of vocational factors “are not medical opinions, . . . but are, instead, opinions on issues reserved to the Commissioner.” Dyer v. Barnhart, 395 F.3d 1206, 1210 (11th Cir. 2005). Any such statement from a treating physician may be relevant to the ALJ’s findings but is not determinative, because it is the ALJ who must find the claimant’s RFC. See, e.g., 20 C.F.R. § 404.1546(c).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d)(1) reserves the determination of disability to the Commissioner, so a medical source’s statement that a claimant is disabled or unable to work does not determine whether the claimant is disabled.
CARRUTH v. COMMISSIONER OF SOCIAL SECURITY · filed 2024-03-28(d)(1)
The ALJ correctly noted, however, that the determination of disability for purposes of benefits is an issue reserved to the Commissioner. See 20 C.F.R. § 404.1527(d)(1) (“A statement by a medical source that you are ‘disabled’ or ‘unable to work’ does not mean that we will determine that you are disabled.”); see also Pintal v. Comm’r of Soc. Sec., 602 F. App’x 84, 87 (3d Cir. 2015) (“The ultimate legal determination of disability is reserved for the Commissioner.”).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d)(1) provides that a medical source’s statement that a claimant is disabled or unable to work does not determine whether the SSA will find the claimant disabled.
Ewing v. Social Security Administration, Commissioner · filed 2024-03-29(d)(1)
Moreover, a “statement by a medical source that [the claimant is] ‘disabled’ or ‘unable to work’ does not mean that [the SSA] will determine” that the claimant is “disabled.” 20 C.F.R. § 404.1527(d)(1).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(e)(1) leaves the ultimate disability and residual-functional-capacity determinations to the ALJ rather than treating or examining physicians or state agency consultants.
Green v. Commissioner of Social Security · filed 2024-05-20(e)(1)
The ALJ—not Ms. G.’s treating or examining physicians or State agency consultants—makes the ultimate disability and RFC determinations. See 20 C.F.R. §§ 404.1527(e)(1), 404.1546(c). ... The Court therefore finds that the ALJ’s conclusion is supported by substantial evidence and he did not err by adopting Dr. Chapman’s proposed lifting restrictions in lieu of the state agency consultants’ stated exertional limitations.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d)(2) makes independent evaluation of the record the ALJ’s duty when formulating residual functional capacity and does not require reliance on a medical opinion.
Crouch v. Commissioner of Social Security · filed 2024-06-24(d)(2)
Crouch contends that Moon v. Colvin. 763 F.3d 718, 722 (7th Cir. 2014), stands for the proposition that an ALJ must rely on a medical opinion. Crouch is mistaken. While Moon held that an ALJ cannot interpret medical records such as MRI’s, it did not require that an ALJ rely on a medical opinion to craft an RFC. It is clear, in fact, that it is solely the ALJ’s responsibility, and not that of any medical personnel, to formulate an RFC. ... based on the entire record, which includes objective medical evidence and the testimony at the hearing. 20 C.F.R. §404.1527(d)(2) (independent evaluation of the record is ALJ’s express duty).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d)(1) treats a medical source's statement that a claimant is disabled or unable to work as an issue reserved to the Commissioner, so an ALJ need not give it controlling weight.
MCGUIRE v. O'MALLEY · filed 2024-08-12(d)(1)
Whether a claimant meets the statutory definition of disability is an administrative finding, not a medical opinion. That administrative finding is “reserved to the Commissioner.” Id. § 404.1527(d). And because the Commissioner has delegated his authority to make the finding at the hearing level to an ALJ, the finding is effectively reserved to the ALJ. Id. § 404.1546(c); see also S.S.R. 96-5p (July 2, 1996) (giving such opinions controlling weight would "confer upon the treating source the authority to make" disability determinations). Accordingly, Dr. Mundy’s and Dr. Fuchs’ opinions in that regard were not entitled to be afforded any weight.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d)(2)-(3) treats a claimant’s residual functional capacity as an administrative determination reserved to the Commissioner and gives no special significance to the source of an opinion on an issue reserved to the Commissioner.
Haines v. Commissioner of Social Security · filed 2024-08-15(d)(2)-(3)
A claimant’s RFC is not a medical opinion, but an administrative determination reserved to the Commissioner. See 20 C.F.R. § 404.1527(d)(2). An ALJ “will not give any special significance to the source of an opinion on issues reserved to the Commissioner.” See 20 C.F.R. § 404.1527(d)(3).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d)(1) reserves the determination whether a claimant is disabled or unable to work to the Commissioner, so an ALJ need not accept a medical source’s statement on that issue.
Wheatley v. Social Security Administration, Commissioner · filed 2024-08-30(d)(1)
But, “[a] medical source’s opinion that a [plaintiff] is ‘disabled’ or ‘unable to work’ is not dispositive of a disability claim because the determination is reserved to the [ALJ] acting on behalf of the Commissioner.” Walker v. Comm’r, 987 F.3d 1333, 1339 (11th Cir. 2021); 20 C.F.R. § 404.1527(d)(1). Therefore, the ALJ was not required to take this statement into account and did not err by declining to do so.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d)(1)–(3) reserves the determination of disability to the Commissioner.
Drinen v. Commissioner, Social Security Administration · filed 2024-09-09(d)(1)–(3)
Finally, the ALJ was justified in rejecting NP Manning’s opinion insofar as it stated that Plaintiff was disabled and unable to work. Under 20 C.F.R. § 404.1527(d)(1)–(3), the determination of disability is reserved for the Commissioner. The Court finds no reversible error in the ALJ’s decision to give little weight to NP Manning’s opinion due to its conclusory nature and its inconsistency with the record as a whole.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d)(1)-(3) treats a medical provider’s statement that a claimant is disabled or unable to work as an issue reserved to the Commissioner rather than a medical opinion requiring separate analysis.
Jud v. Commissioner Social Security Administration · filed 2024-09-17(d)(1)-(3)
“Opinions on some issues ... are not medical opinions,” such as medical providers’ conclusions that you are “disabled’ or ‘unable to work,’” which are “issues reserved to the Commissioner.” 20 C.F.R. §§ 404.1527(d)(1-3). ... Because that is not a “medical opinion” that requires independent analysis under the regulations, the Court finds the ALJ did not err by failing to analyze Dr. Huff’s comments.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d)(1) reserves the disability determination to the Commissioner, so a medical source’s statement that a claimant is disabled is not controlling.
Abdulahi v. O'Malley · filed 2024-09-27(d)(1)
ALJ Hodgson had no duty to blindly follow the medical expert’s testimony. The ALJ writing the decision has the full authority to label a claimant as disabled or not and determine the RFC. 20 C.F.R. § 404.1527(d)(1); 20 C.F.R. § 404.1546(c).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d) treats a bare conclusion that a claimant is unable to work as reserved to the Commissioner, but not a medical source’s functional assessment of the claimant’s likelihood of sustaining full-time work.
Tharp v. Commissioner of Social Security · filed 2024-10-17(d)
Statements that an individual is “unable to work” are statements on issues reserved to the Commissioner rather than medical opinions and given no “special significance” in the disability analysis. 20 C.F.R. § 404.1527(d). ... However, “an assessment” of a claimant’s “likelihood of being able to sustain full time employment given the many medical and mental impairments [they] face[]” does not fall into the category of statements on an individual’s ability to work reserved to the Commissioner. ... Dr. Meagher’s opinion was such a statement. It was not a conclusory assertion that Plaintiff would be unable to maintain employment, but, rather, an assessment based on his four-page description of her symptoms and medical history and the way in which those symptoms have affected her activities, social history, and other functional abilities. See AR 587–90. As such, the ALJ erred by failing to address it.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d) treats residual functional capacity as an administrative determination reserved to the Commissioner and gives no special significance to an opinion source on reserved issues.
Browning v. Social Security Administration · filed 2024-11-22(d)(2), (d)(3)
A claimant’s RFC is not a medical opinion, but an administrative determination reserved to the Commissioner. See 20 C.F.R. § 404.1527(d)(2). An ALJ “will not give any special significance to the source of an opinion on issues reserved to the Commissioner.” See 20 C.F.R. § 404.1527(d)(3).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d)(2) reserves to the Commissioner the determination of how a claimant’s condition affects her capacity to work.
Brooke Tolan v. Comm'r of Soc. Sec. · filed 2024-12-06(d)(2)
And the effect of Tolan’s condition on her capacity to work is a determination expressly reserved for the ALJ. See 20 C.F.R. § 404.1527(d)(2); Social Security Ruling 96-5P, 1996 WL 374183, at *5 (July 2, 1996).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(e) reserves conclusions about whether a claimant is disabled or able to work to the Commissioner rather than medical personnel.
Correa-Vargas v. Commissioner of Social Security · filed 2024-12-18(e)
Moreover, any conclusions as to whether Plaintiff is “disabled” or able to work are legal conclusions and administrative decisions that are to be made by the Commissioner, not by medical personnel. ... Therefore, the ALJ properly considered the medical opinions of Dr. Egozcue and Dr. Rojas in conducting her step two determination.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d)(2) reserves to the Commissioner the final responsibility for deciding whether a claimant’s impairment meets or equals a listed impairment.
Bechard v. Colvin · filed 2025-01-03(d)(2)
But while an ALJ must consider medical evidence, such as the opinion of a medical expert, ... “the final responsibility for deciding” whether a claimant’s impairment meets or equals the requirements of a listed impairment “is reserved to the Commissioner.” 20 C.F.R. § 404.1527(d)(2); see also SSR 17-2p, 2017 WL 3928306, at *3–4 (Mar. 27, 2017) (“When an adjudicator at the hearings level obtains [medical expert] testimony or written responses to interrogatories about whether an individual’s impairment(s) medically equals a listing, the adjudicator cannot rely on an [expert’s] conclusory statement that an individual’s impairment(s) medically equals a listed impairment(s).”).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d)(2) treats a claimant’s residual functional capacity as an administrative determination reserved to the Commissioner rather than a medical opinion.
Bishop v. Commissioner of Social Security · filed 2025-02-06(d)(2)
... The RFC determination sets out an individual’s work-related abilities despite his or her limitations. See 20 C.F.R. § 404.1545(a)(1). A claimant’s RFC is not a medical opinion, but an administrative determination reserved to the Commissioner. See 20 C.F.R. § 404.1527(d)(2).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d) treats a medical source’s statement that a claimant is unable to work as an opinion on an issue reserved to the Commissioner, rather than a medical opinion.
Schwartz v. O'Malley · filed 2025-02-18(d)
To the extent Hodges stated that Plaintiff was unable to work, her letter addressed an issue that is reserved to the Commissioner and is not a medical opinion. 20 C.F.R. §§ 404.1527(d), 416.927(d).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d) reserves the determination of disability to the Commissioner, so an opinion from a medical source that a claimant is disabled need not receive significant weight.
RAVIKOVICH v. COMMISSIONER OF SOCIAL SECURITY · filed 2025-03-04(d)
Moreover, the ALJ properly noted that Dr. Mahmood’s opinion of disability is an issue reserved to the Commissioner. R. 29; see also Louis v. Comm’r Soc. Sec., 808 F. App’x 114, 118 (3d Cir. 2020) (“Whether or not Louis can perform occupational duties is a legal determination reserved for the Commissioner.”) (citing 20 C.F.R. § 404.1527(d)); Zonak v. Comm’r of Soc. Sec., 290 F. App’x 493, 497 (3d Cir. 2008) (“[T]he ALJ was not obligated to give significant weight to Dr. Kumar’s opinion as to Zonak’s ability to work because the opinion related to the ultimate issue of disability—an issue reserved exclusively to the Commissioner.”).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d) treats residual functional capacity as an administrative determination reserved to the Commissioner and bars special significance based on the source of an opinion on reserved issues.
Munger v. Commissioner of Social Security Administration · filed 2025-03-07(d)(2)-(3)
A claimant’s RFC is not a medical opinion, but an administrative determination reserved to the Commissioner. See 20 C.F.R. § 404.1527(d)(2). An ALJ “will not give any special significance to the source of an opinion on issues reserved to the Commissioner.” See 20 C.F.R. § 404.1527(d)(3).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d)(1) reserves the question whether a claimant is disabled to the Commissioner.
SEALS v. KIJAKAZI · filed 2025-03-26(d)(1)
However, such statements did not purport to opine as to Plaintiff’s specific functional limitations, and the ALJ, therefore, correctly declined to provide written analyses about these statements because they opined on questions of disability, which are reserved solely for the Commissioner. 20 C.F.R. § 404.1527(d)(1).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d)(2) requires consideration of a medical source’s opinion but reserves final responsibility for deciding certain issues to the Commissioner.
Johnson v. Dudek · filed 2025-03-26(d)(2)
The ALJ was not required to address every single piece of evidence or adopt every opinion that Dr. Cole offered. While a medical source’s opinion is relevant and must be considered, “the final responsibility for deciding these issues is reserved to the Commissioner.” 20 CFR § 404.1527(d)(2).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(e) reserves conclusions about whether a claimant is disabled and related legal conclusions to the Commissioner, not medical personnel.
Felix-Santiago v. Commissioner of Social Security · filed 2025-08-21(e)
However, conclusions as to whether a claimant is “disabled” and related legal conclusions are administrative decisions that are to be made by the Commissioner, not by medical personnel.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d) reserves residual functional capacity determinations to the Commissioner as administrative, rather than medical, findings.
Winters v. Commissioner of Social Security · filed 2025-07-14(d)
The regulations explicitly ... provide that the RFC is an administrative finding reserved to the Commissioner and not a medical finding.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d)(2) reserves final responsibility for deciding a claimant’s residual functional capacity to the Commissioner.
Stitt v. Commissioner of Social Security · filed 2025-09-16(d)(2)
The Social Security regulation explains that, although opinions from medical sources can be used when determining issues such as residual functional capacity, the final responsibility for deciding a claimant’s RFC “is reserved to the Commissioner.” 20 C.F.R. § 404.1527(d)(2). ... For example, the ALJ directly referenced Ms. Higginbotham’s opinion about Stitt’s inability to return to work due to his need to alternate sitting and standing, when he wrote: “The portion of Dr. Khalafi and Ms. Higginbotham’s opinions noting that the claimant is disabled and unable to return to work, are not persuasive because those issues are reserved to the Commissioner.”Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d)(2) treats residual functional capacity as a legal determination reserved to the Commissioner, not as a medical opinion.
(SS) Warren v. Commissioner of Social Security · filed 2025-08-28(d)(2)
Although Plaintiff argues that the ALJ requires some type of guidance from a healthcare professional, the RFC determination is not a medical opinion, but a legal decision that is expressly reserved for the Commissioner. See 20 C.F.R. §§ 404.1527(d)(2) (RFC is not a ... medical opinion), 404.1546(c) (identifying the ALJ as responsible for determining RFC).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d)(2) reserves final responsibility for determining a claimant’s residual functional capacity to the Commissioner.
Beauchamp v. Commissioner of Social Security · filed 2025-10-08(d)(2)
Moreover, the “final responsibility” for determining a claimant’s RFC “is reserved to the Commissioner.” 20 C.F.R. § 404.1527(d)(2).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d) permits an ALJ to give little weight to a medical opinion on an issue reserved to the Commissioner.
Higgins · filed 2025-10-15(d)
The ALJ also properly found that, to the extent the disabled parking placard is construed as a medical opinion, it was entitled to little weight as an opinion on an issue reserved to the Commissioner. See 20 C.F.R. §§ 416.927(d), 404.1527(d).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d)(2) and (d)(3) make the Commissioner the final arbiter of issues reserved to the Commissioner and require no special significance for the source of an opinion on such an issue.
Eales · filed 2025-10-16(d)(2), (d)(3)
Further, to the extent the Plaintiff contends the ALJ should have adopted her treating sources’ findings that she was essentially disabled, the Regulations expressly provide that the Commissioner is the final arbiter on such issues, and is under no obligation to give any special significance to the source for issues reserved to the Commissioner.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d) makes residual functional capacity an administrative finding reserved to the Commissioner rather than a medical finding.
Engel · filed 2025-10-27(d)
The regulations explicitly provide that the RFC is an administrative finding reserved to the Commissioner and not a medical finding. 20 C.F.R. § 404.1527(d); Schillo v. Kijakazi, 31 F.4th 64, 78 (2d Cir. 2022) (recognizing that “the ALJ bears ‘the final responsibility’ for making RFC determinations”); see also Desirae D. v. Comm’r of Soc. Sec., 20-cv-00054-JGW, 2021 WL 2042576, at *3 (W.D.N.Y. May 21, 2021). As such, the RFC conclusion “need not perfectly match any single medical opinion in the record, so long as it is supported by substantial evidence.” Schillo, 31 F.4th at 78.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d)(3) gives no special significance to a medical source’s opinion that a claimant is disabled because the ultimate disability determination is reserved to the Commissioner.
Hagger · filed 2026-01-20(d)(3)
The ALJ correctly noted that ultimate finding of disability is reserved to him as a representative of the Commissioner. Tr. 48; See Thompson v. O'Malley, No. 6:24-CV-00010, 2025 WL 1270303, at *5 (S.D. Tex. Mar. 25, 2025), report and recommendation adopted, No. 6:24-CV-00010, 2025 WL 1266955 (S.D. Tex. May 1, 2025) (citing 20 C.F.R. § 404.1527(d)(3) and Frank v. Barnhart, 326 F.3d 618, 620 (5th Cir. 2003) ( “Among the opinions by treating doctors that have no special significance are determinations that an applicant is ‘disabled’ or ‘unable to work’ [as] [t]hese determinations are legal conclusions that the regulation describes as ‘reserved to the Commissioner.’”).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d)(2)-(3) treats residual functional capacity as an administrative determination reserved to the Commissioner and gives no special significance to the source of an opinion on a reserved issue.
Cline · filed 2026-01-21(d)(2)-(3)
A claimant’s RFC is not a medical opinion, but an administrative determination reserved to the Commissioner. See 20 C.F.R. § 404.1527(d)(2). An ALJ “will not give any special significance to the source of an opinion on issues reserved to the Commissioner.” See 20 C.F.R. § 404.1527(d)(3).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d) reserves the ultimate determination of disability to the Commissioner, but a treating source’s conclusory disability opinion may still be considered for consistency with that source’s later opinions.
Tweedy · filed 2026-01-27(d)
The ALJ appropriately found that PA-C Stiles’ conclusion of disability on this form is not persuasive by itself, as the finding of disability is reserved for the Commissioner. However, considering that PA-C Stiles treated Plaintiff for the entirety of the relevant period and reviewed the reports and imaging obtained from referrals to specialists, PA-C Stiles’ opinion in April 2022 that Plaintiff was unable to engage in substantial gainful activity, even if it is conclusory, is useful to consider the consistency of PA-C Stiles’ subsequent opinions.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d) reserves the ultimate determination of disability to the Commissioner, so a medical provider’s opinion that a claimant is disabled does not decide that issue.
NORTON · filed 2026-03-06(d)
Moreover, to the extent that Plaintiff relies on her providers’ opinions that she is disabled, that is an issue reserved to the Commissioner. See Louis v. Comm’r Soc. Sec., 808 F. App’x 114, 118 (3d Cir. 2020) (“Whether or not Louis can perform occupational duties is a legal determination reserved for the Commissioner.”) (citing 20 C.F.R. § 404.1527(d)); cf. Zonak v. Comm’r of Soc. Sec., 290 F. App’x 493, 497 (3d Cir. 2008) (“[T]he ALJ was not obligated to give significant weight to Dr. Kumar’s opinion as to Zonak’s ability to work because the opinion related to the ultimate issue of disability—an issue reserved exclusively to the Commissioner.”).Read the full opinion on CourtListener →
Section 404.1527(e)(1) reserves the ultimate disability determination to the Commissioner, so a treating physician’s opinion that a claimant cannot work is not dispositive.
Davis v. Apfel · filed 1999-02-16(e)(1)
Dr. Calkins’ opinion that plaintiff cannot function in the workplace is not a medical opinion, but rather an opinion on the application of the statute, an issue which is reserved to the Commissioner.Read the full opinion on CourtListener →
A treating source’s statement that a claimant is disabled addresses an issue reserved to the Commissioner and is not entitled to special weight.
Adamski v. Barnhart · filed 2005-12-23(e)
Contrary to plaintiffs argument, treating source opinions on issues reserved for determination by the Commissioner, such as whether plaintiff meets the definition of “disability” under the Act, are not entitled to any significant weight.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
A medical source’s statement that a claimant is disabled or unable to work addresses an issue reserved to the Commissioner.
Phillips v. Commissioner of Social Security · filed 2008-04-28(e)(1)
However, the ALJ properly noted that “[t]his is an issue reserve to the Commissioner ... and therefore, no weight is accorded to the assessment of inability to work by Dr. ... Greenwald and Dr. McKenna.” (A-21); see 20 C.F.R. §§ 404.1527(e)(1), 416.927(e)(1) (statement by a medical source that an individual is “disabled” or “unable to work” is an administrative finding on an issue that is reserved to the Commissioner).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
An opinion that a claimant is disabled or unable to work is not entitled to weight because that determination is reserved for the Commissioner.
Blair v. Commissioner of Social Security · filed 2011-07-14(e)(1)
To the extent that Dr. Kilgallin opined that plaintiff is “disabled” or “unable to work,” his opinion is not entitled to weight because that is an issue reserved for the Commissioner.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
The ALJ makes the ultimate disability and residual functional capacity determinations.
Kacee Chandler v. Commissioner Social Security · filed 2011-12-07(e)(1)
The ALJ—not treating or examining physicians or State agency consultants—must make the ultimate disability and RFC determinations.Read the full opinion on CourtListener →
Section 404.1527(e) gives no special significance to a doctor's opinion that an applicant cannot work because the disability decision is reserved to the Commissioner; it does not make the applicant's own statement immaterial.
United States Ex Rel. Loughren v. Unum Group · filed 2010-07-29(e)
Unum calls to our attention a portion of the Code of Federal Regulations, which states that a medical doctor's determination that an applicant is "unable to work" as defined by the Social Security Act is entitled to no "special significance". 20 C.F.R. § 404.1527(e). This is so because it is an opinion on an issue that is "reserved to the Commissioner because [it is an] administrative finding[] that [is] dispositive of a case." Id. We do not believe, however, as Unum suggests, that the above provision means that a statement by the applicant of an inability to work is immaterial to the Agency's decision.Read the full opinion on CourtListener →
A physician’s refusal to complete disability paperwork is not a statement about whether the claimant is disabled.
Gustin v. Berryhill · filed 2018-07-23(d)(1)
Despite Plaintiff’s argument to the contrary, Dr. Hamilton’s refusal to fill out disability paperwork is not a statement concerning Plaintiff’s disability status.Read the full opinion on CourtListener →
Opinions that a claimant is disabled or unable to work receive no special significance because that determination is reserved to the Commissioner.
Jackson v. Commissioner of Social Security · filed 2019-10-07(d)
The ALJ also properly observed that the February and April statements that plaintiff was “unable to work" did not contain any functional limitations nor did they explain the deterioration in her condition.Read the full opinion on CourtListener →
An opinion that a claimant cannot work addresses an issue reserved to the Commissioner and may be given little weight.
Daly v SSA · filed 2017-04-28(d)
The ALJ supportably gave O’Brien's opinion little weight because his opinion on Daly’s ability to work was an issue ... “reserved to the Commissioner.”Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527 reserves the decision whether an impairment meets or equals a Listing to the Commissioner; an ALJ need give no further explanation for rejecting a conclusory medical opinion on equivalence that supplies no supporting medical findings or reasons.
Avery v. Astrue · filed 2009-02-19(e)(2)
Thus, the ALJ clearly rejected Dr. Francis’s conclusory opinion on equivalency, an issue reserved to the Commissioner. As Dr. Francis did not testify as to the medical findings or reason behind his equivalency opinion, nothing more was required of the ALJ.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d) reserves the decision whether a claimant is disabled or unable to work to the Commissioner, so a medical source’s statement on that issue may receive less weight.
Green v. Commissioner of Social Security · filed 2020-09-30(d)
The only additional evidence in the record to support Plaintiff's alleged inability to work during the asserted closed period is two notes by Dr. Williams on (R. 322, 437), indicating that Plaintiff was unable to work, evidence the ALJ properly afforded less weight, as such issues are reserved for the Commissioner. See 20 C.F.R. §§ 404.1527(d), 416.927(d) (statements that a claimant is “disabled” or “unable to work” are opinions on issues reserved to the Commissioner).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(e)(1) reserves the disability determination to the Commissioner, but an ALJ must consider a treating provider’s view that a claimant’s impairments prevent work.
Mata v. Saul · filed 2021-03-02(e)(1)
Given such authority, the ALJ could not simply dismiss Dr. Bush-Joseph’s and Smith’s findings that the severity of Paul’s leg and knee impairments renders him unable to work.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
A treating source’s statement that a claimant cannot engage in substantial gainful activity addresses a disability determination reserved to the Commissioner.
Urbanczyk v. Commissioner of Social Security · filed 2021-03-18(d)
Insofar as Dr. Szymanski writes that Plaintiff is unable to engage in substantial gainful activity, such statement is not a medical opinion but a conclusory opinion on a matter that is reserved for the Commissioner.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d)(1) allows an ALJ to discount a medical source’s conclusion that a claimant cannot work because the disability determination is reserved for the Commissioner.
Goad v. Commissioner of Social Security · filed 2021-09-22(d)(1)
The ALJ properly declined to afford weight to the portion of Dr. Cohen’s statements that plaintiff's limitations in socializing and/or interacting and depression prevented plaintiff from holding full time employment and that plaintiff required financial assistance until she was able to work full time independently, id. at 462, on the basis that this analysis constituted “conclusory statements on an issue reserved for the Commissioner taking into account medical and vocational factors within the rubric of Social Security rules.”Read the full opinion on CourtListener →
Section 404.1527(d)(1) treats a medical source’s statement that a claimant is unable to work as an issue reserved to the Commissioner, rather than a medical opinion requiring individual analysis.
Bennett v. Commissioner Social Security Administration · filed 2023-08-30(d)(1)
“Opinions on some issues ... are not medical opinions,” such as medical providers’ conclusions that you are “disabled’ or ‘unable to work,’” which are “issues reserved to the Commissioner.” 20 C.F.R. §§ 404.1527(d)(1-3). ... Because that is not a “medical opinion” that requires independent analysis under the regulations, the Court finds the ALJ did not err by failing to analyze Dr. Heuser’s opinion.Read the full opinion on CourtListener →
Section 404.1527(d)(1) treats a physician’s statement that a claimant is disabled as an issue reserved for the Commissioner, rather than a medical opinion.
Brown v. Commissioner of Social Security · filed 2021-07-30(d)(1)
An opinion that a claimant is disabled is not a “medical opinion” because this is a dispositive issue reserved for the Commissioner.Read the full opinion on CourtListener →
A claimant’s residual functional capacity is an issue reserved to the Commissioner.
Allen v. Commissioner of Social Security · filed 2021-09-24(d)
As to Plaintiff’s second argument, the determination of a claimant’s RFC is an issue reserved to the Commissioner. 20 C.F.R. §§ 404.1527(d), 416.927(d).Read the full opinion on CourtListener →
Section 404.1527(d) reserves the ultimate determination of disability to the Commissioner, so an ALJ may reject a physician’s conclusion that a claimant cannot return to work.
Clark v. Commissioner of Social Security · filed 2021-09-29(d)
Further, the ALJ properly rejected the cursory letter opinion on the ground the ultimate conclusion as to whether an individual satisfies the statutory definition of “disability” is an issue that is reserved to the Commissioner.Read the full opinion on CourtListener →
A medical source’s statement that a claimant is disabled addresses an issue reserved to the Commissioner and receives no controlling weight or special significance.
McMillian v. Commissioner of Social Security · filed 2022-02-15(e)(1)
First, the ALJ correctly noted that Dr. Oshidar’s statement that Plaintiff was “temporarily totally disabled” or that she “could not return to work” are issues reserved to the Commissioner, and therefore those portions of Dr. Oshidar’s medical reports (A.R. 311, 315, 523, 521) are not entitled to special significance because they did not establish that Plaintiff had a disability under the Act. See 20 C.F.R. §§ 404.1527(e)(1), 416.927(e)(1) (explaining that a statement by a medical source that a claimant is “disabled” is a statement on an issue reserved to the Commissioner, and not an opinion which can be binding thereon, or given controlling weight or special significance).Read the full opinion on CourtListener →
Section 404.1527(e) does not require an ALJ to defer to a treating physician’s opinion on the ultimate issue of disability, which is reserved to the Commissioner.
ZENKUS v. COMMISSIONER OF SOCIAL SECURITY · filed 2022-03-28(e)
However, “[a]n ALJ need not defer to a treating physician’s opinion about the ultimate issue of disability because that determination is an administrative finding reserved to the Commissioner.” Gantt v. Comm’r Soc. Sec., 205 Fed. Appx. 65, 67 (3d Cir. 2006) (citing 20 C.F.R. § 404.1527(e)).Read the full opinion on CourtListener →
Section 404.1527(e) permits an ALJ to discount a medical opinion that a claimant is disabled because that issue is reserved to the Commissioner.
Sunberg v. Commissioner of Social Security · filed 2022-03-28(e)
The ALJ found Dr. Justin’s October 17, 2018 opinion that plaintiff was permanently “incapacitated to do any work or school activities” (Tr. 790) unpersuasive because it lacked both context and rationale and opined on an issue (i.e., disability) that is reserved to the Commissioner. (Tr. 33, citing 20 C.F.R. § 404.1527(e)). The Court finds no error in this regard, and plaintiff concedes as much.Read the full opinion on CourtListener →
Section 404.1527(e)(1) reserves the disability determination to the Commissioner, so a medical provider’s opinion that a claimant is disabled receives no weight.
Anderson v. Commissioner of Social Security · filed 2022-03-31(e)(1)
Because the ultimate issue of disability is reserved for the Commissioner, opinions by plaintiff’s medical providers to the effect that plaintiff was permanently disabled due to cognitive deficits were not entitled to any weight.Read the full opinion on CourtListener →
Section 404.1527(d)(2) reserves the ultimate disability and RFC determinations to the Commissioner; an ALJ may assess RFC without a medical opinion making the same findings.
CONKLIN v. COMMISSIONER OF SOCIAL SECURITY · filed 2022-09-07(d)(2)
Accordingly, an ALJ is not prohibited from making an RFC assessment even if no doctor has specifically made the same findings.Read the full opinion on CourtListener →
The determination of a claimant’s residual functional capacity is reserved to the Commissioner.
Sidor, Jr. v. Commissioner of Social Security · filed 2022-09-19(d)(2)
The regulations provide that the determination of a claimant’s RFC is an issue reserved to the Commissioner. Veino v. Barnhart, 312 F.3d 578, 588 (2d Cir. 2002) (discussing 20 C.F.R. § 404.1527(d)(2)).Read the full opinion on CourtListener →
Section 404.1527(e) reserves decisions about disability and ability to work to the Commissioner; an opinion about a claimant’s ability to function in a competitive work setting concerns functional limitations.
Pickett v. Saul · filed 2022-09-30(e)
Issues reserved to the Commissioner ordinarily involve opinions on whether a claimant is disabled and is unable to work. 20 C.F.R. § 404.1527(e). ... NP Hopkins stated that Alfredia was not “able to function in a competitive work setting,” and this opinion concerned her functional limitations. (R. 1372). That is not an issue reserved to the Commissioner.Read the full opinion on CourtListener →
Subsection (e) reserves residual functional capacity determinations to the Commissioner.
MEREDITH v. KIJAKAZI · filed 2022-09-30(e)
Though Cameron M. may have disagreed with the ALJ's RFC assessment, such determinations are reserved exclusively to the Commissioner, 20 C.F.R. § 404.1527(e), and there was substantial evidence to support the specific determination made by the ALJ in this case.Read the full opinion on CourtListener →
An ALJ need not give weight to a medical source’s opinion that a claimant meets a medical listing.
Klarner v. Commissioner of Social Security · filed 2024-03-27(d)(2)
And as for Dr. Cox’s opinion that Klarner meets a medical listing, the ALJ was under no obligation to afford this any weight.Read the full opinion on CourtListener →
A medical source’s statement that a claimant cannot work does not determine whether the claimant is disabled; that decision is reserved for the Commissioner.
Pagan-Aquino v. Commissioner of Social Security · filed 2024-03-27(d)(1)
The ALJ did not err in giving such little weight because the determination of whether a person is disabled is reserved for the Commissioner. See 20 C.F.R. § 404.1527 (“A statement by a medical source that you are “disabled” or “unable to work” does not mean that we will determine that you are disabled.”).Read the full opinion on CourtListener →
Section 404.1527(d)(1) reserves the disability determination to the Commissioner, so a medical source’s statement that a claimant is disabled or unable to work does not determine that issue.
(SS) Baker Riojas v. Commissioner of Social Security · filed 2025-08-21(d)(1)
The Court finds the ALJ properly discounted Dr. MacClean’s March 2007 opinion as the conclusion that Plaintiff is “disabled” or unable to work is a matter reserved to the Commissioner of Social Security.Read the full opinion on CourtListener →
A treating physician's opinion about a claimant's residual functional capacity concerns an issue reserved to the Commissioner.
Poland v. SSA · filed 2001-08-02(e)
Dr. Nagel's opinion concerning Poland's RFC, however, is not a medical opinion; rather it is an opinion on an issue reserved to the Commissioner.Read the full opinion on CourtListener →
A medical source’s conclusion that a claimant is disabled addresses an issue reserved to the Commissioner.
Genie Marie Buchanan v. Commissioner of Social Security · filed 2019-10-15(d)(1)
Fourth, the ALJ properly observed that Dr. Darakjian’s conclusion that “[d]isability is extended” (AR 36, 645), is a determination reserved to the Commissioner.Read the full opinion on CourtListener →
Section 404.1527(d) reserves the ultimate disability decision to the Commissioner, but a physician’s assessment of a claimant’s functional abilities is not merely an opinion on that reserved issue.
(SS) DeLeon v. Commissioner of Social Security · filed 2021-01-07(d)
Thus, the ALJ’s decision is incorrect insofar as it can be read as stating that the Physical Medical Source Statement is an opinion on an issue reserved to the Commissioner, and therefore entitled to no special treatment. In contrast to the disability letter dated January 5, 2016, the Physical Medical ... Source Statement contains answers to a myriad of factual questions regarding the claimant’s ... functionality, not just a conclusion on the ultimate issue of disability.Read the full opinion on CourtListener →
Section 404.1527(d)(1)–(3) does not treat a physician’s assessment of needed workday breaks as an opinion on an issue reserved to the Commissioner.
O'Brien v. Saul · filed 2022-01-11(d)(1)–(3)
But this cited Regulation provides examples of opinions that constitute “administrative findings that are dispositive of a case” and Dr. Ramsey’s opinion does not fit into ... these categories (e.g., an opinion that expressly states that a plaintiff is “disabled” or “unable to work”; an opinion that states whether a plaintiff’s impairments meet or equal a Listing).Read the full opinion on CourtListener →
Section 404.1527 reserves the disability determination to the Commissioner, but that does not justify disregarding a physician’s opinion about functional limitations.
(SS) Blalock v. Commissioner of Social Security · filed 2022-05-19(e)
The ALJ’s reasoning that the conclusion as to disability is reserved for the Commissioner, especially in light of the differing standards for Worker’s Compensation claims, is valid. However, this alone is not a reason to disregard the rest of the medical opinion, including the functional limitations given.Read the full opinion on CourtListener →
Section 404.1527(d)(1) treats a medical source’s conclusion that a claimant is disabled or unable to work as an issue reserved to the Commissioner, not a medical opinion the ALJ must weigh.
Fallon v. Commissioner of Social Security Administration · filed 2023-12-11(d)(1)
Further, the ALJ does not need to weigh conclusions couched as medical opinions. “A statement by a medical source that [a claimant] is ‘disabled’ or ‘unable to work’” is not a medical opinion. 20 C.F.R. § 404.1527(d)(1). ... Moreover, ... as noted above, an ALJ need not consider disability conclusions couched as medical opinions. Dr. O’Connell’s statement that Plaintiff’s likelihood of being employable is low ... is just such a conclusion.Read the full opinion on CourtListener →
Section 404.1527(d)(1) treats a medical source’s statement that a claimant cannot work as a disability conclusion reserved to the Commissioner.
Evers v. Commissioner of Social Security Administration · filed 2024-02-26(d)(1)
The Court also notes that Dr. Pedenko’s opinion that Plaintiff “is unable of completing ... an 8-hour day or a 40-hour work week in any capacity” is more akin to a legal conclusion of disability, which is reserved for the SSA. 20 C.F.R. § 404.1527(d)(1).Read the full opinion on CourtListener →
Section 404.1527(d) treats a claimant’s ability to work as an issue reserved to the Commissioner.
(SS) Layfield v. Commissioner of Social Security · filed 2025-03-24(d)
The Court agrees that any citation error by the ALJ is harmless because 20 C.F.R. § 404.1527(d) and 20 C.F.R. § 404.1520b)(c)(3) both confirm that Plaintiff’s ... ability to work is an issue reserved to the Commissioner.Read the full opinion on CourtListener →
Section 404.1527 reserves the final decision on an impairment’s severity to the Commissioner.
Hernandez v. Commissioner of Social Security · filed 2004-01-30(e)(2)
Clearly, the final decision as to whether Hernandez’s mental condition is severe rests with the Commissioner.Read the full opinion on CourtListener →
A treating doctor's statement that a claimant is disabled or unable to work is an opinion on an issue reserved to the Commissioner and receives no special significance.
Wheat v. Barnhart · filed 2004-05-18(e)(1)-(3)
Under the regulations, statements by treating doctors that a claimant is disabled or unable to work are not medical opinions. As opinions on issues reserved to the Commissioner, they are not given any special significance.Read the full opinion on CourtListener →
Section 404.1527(e)(1) reserves to the Commissioner responsibility for deciding whether a claimant meets the statutory definition of disability.
Pareja v. Barnhart · filed 2005-08-11(e)(1)
Additionally, the ALJ properly discounted portions of the doctors’ opinions that made conclusory statements as to whether plaintiff was disabled. See 20 C.F.R. § 404.1527(e)(1) (reserving for the Commissioner the responsibility “for making the determination or decision about whether [a claimant] meet[s] the statutory definition of disability”).Read the full opinion on CourtListener →
A treating physician’s opinion on whether a claimant is disabled receives no special significance because that determination is reserved to the Commissioner.
Smith v. Commissioner of Social Security · filed 2006-05-01(e)(3)
The ALJ was not required to accept that conclusion because the determination whether Smith is disabled is an ultimate issue reserved to the Commissioner in the first instance (and later the reviewing panels). 20 C.F.R. § 404.1527(e); Social Security Ruling 96-6p. Indeed, unlike the medical opinion of a treating physician regarding the nature and severity of an individual's impairments, which may be entitled to controlling weight, no special significance is given to the source of an opinion on the ultimate outcome. 20 C.F.R. § 404.1527(e)(3).Read the full opinion on CourtListener →
Section 404.1527(e) reserves the disability determination to the Commissioner, so a treating physician’s opinion that a claimant is disabled cannot receive controlling weight, though it must still be considered.
Dye v. Barnhart · filed 2006-05-09(e)
In discussing Dr. Fesler’s opinion, the ALJ correctly explained that “opinions regarding the ultimate issue of disability are reserved to the Commissioner by regulation. 20 C.F.R. § 404.1527(e). Consequently, Dr. Fesler’s broad conclusion that the claimant is disabled cannot be given controlling weight.” Admin. R. at 213. A treating physician’s opinion on the ultimate issue of disability “can never be entitled to controlling weight or given special significance.” SSR 96-5p, 1996 WL 374183, at *5. The opinion, however, “must not be disregarded.” Id.Read the full opinion on CourtListener →
A medical source’s statement that a claimant is unable to work addresses an issue reserved to the Commissioner and is not accorded the weight of a medical opinion.
Martinez v. Astrue · filed 2007-12-20(e)(1)
Regardless, the opinion that Martinez is unable to work is not a medical opinion, but is an opinion about an issue reserved to the Commissioner. It is therefore not accorded the weight of a medical opinion.Read the full opinion on CourtListener →
A medical source’s opinion that a claimant cannot work addresses an issue reserved to the Commissioner and does not determine disability.
Korum v. Astrue · filed 2009-11-03(e)(1)
Finally, it was not reversible error for the ALJ to discount Dr. Higgins’ opinions that Ms. Korum was unable to work full-time and unable to work at a customer service position.Read the full opinion on CourtListener →
Section 404.1527(d) reserves the determination of whether a claimant is unemployable to the Commissioner, so an ALJ need not give evidentiary weight to a physician’s opinion on that question.
Weekley v. Commissioner of Social Security · filed 2012-08-13(d)
Moreover, the ALJ was not required to give evidentiary weight to Dr. Timmons’s opinion that Weekley was unemployable because the determination is one that is reserved to the Commissioner.Read the full opinion on CourtListener →
Section 404.1527(d)(1) reserves decisions about disability and listing requirements to the Commissioner, even when medical sources offer opinions on those issues.
Carrie B. Lee v. Commissioner, Social Security Administration · filed 2014-01-08(d)(1)
Although opinions from medical sources as to whether a claimant is disabled or whether a claimant meets a listing requirement are considered, these decisions ... are ultimately reserved to the Commissioner.Read the full opinion on CourtListener →
A physician’s opinion that a claimant is disabled does not bind the Commissioner.
Patterson v. Colvin · filed 2014-06-06(d)(1)
Moreover, it is well-established that the Commissioner is not bound by a physician’s opinion that a claimant is disabled.Read the full opinion on CourtListener →
An ALJ must consider a physician’s opinion that a claimant is disabled or unable to work, but need not give that conclusion weight.
Ballard v. Colvin · filed 2015-02-27(d)
An ALJ need consider, but need not give weight to, such a conclusion.Read the full opinion on CourtListener →
Section 404.1527(d) reserves the question whether a claimant can work to the Commissioner, so an ALJ may reject a treating physician’s conclusion on that issue.
Hase v. Colvin · filed 2016-09-19(d)
This is a clear and convincing reason for the ALJ to reject Dr. Falk’s opinion as to Plaintiffs ability to work.Read the full opinion on CourtListener →
Section 404.1527(d) reserves the ultimate disability determination to the Commissioner, while an assessment of a claimant's limitations remains a medical opinion.
Roberts v. Acting Comm'r of the Soc. Sec. Admin. · filed 2017-12-29(d)
The ultimate disability determination is an issue reserved to the Commissioner. 20 C.F.R. § 404.1527(d). Dr. Papke, however, did not opine as to whether Plaintiff met the statutory definition of disability. Dr. Papke expressed medical opinions in the Medical Assessment as to the severity of Plaintiff's limitations.Read the full opinion on CourtListener →
Section 404.1527(d)(1) reserves the determination of whether a claimant can work to the Commissioner.
Sepa v. Saul · filed 2020-07-20(d)(1)
Judge Fox expressly acknowledged Dr. Greene’s opinion from his 2011 report that it would be “impossible for [Plaintiff] to be employed,” and rightly rejected it as being an opinion reserved to the ... commissioner.Read the full opinion on CourtListener →
Section 404.1527(d)(2) reserves the determination of residual functional capacity to the Commissioner.
COBLE v. SAUL · filed 2020-09-28(d)(2)
To the contrary, the RFC determination is an issue reserved for the Commissioner.Read the full opinion on CourtListener →
Section 404.1527(d)(2) reserves the determination of a claimant’s residual functional capacity to the Commissioner.
Liddle v. Commissioner of Social Security · filed 2022-08-25(d)(2)
20 C.F.R. § 404.1527(d)(2) makes clear that the claimant’s RFC is an issue reserved to the Commissioner, and it is well-settled that it is “within the province of the ALJ to resolve” conflicting findings in the record.Read the full opinion on CourtListener →
Section 404.1527(d)(2) reserves the determination of a claimant’s residual functional capacity to the Commissioner.
Bradley v. Commissioner of Social Security · filed 2022-08-25(d)(2)
20 C.F.R. § 404.1527(d)(2) makes clear that the claimant’s RFC is an issue reserved to the Commissioner, and it is well-settled that it is “within the province of the ALJ to resolve” conflicting findings in the record.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Treating source opinions on whether an impairment meets a Listing are not entitled to significant weight because that decision is reserved for the Commissioner.
Valder v. Barnhart · filed 2006-01-25(e)(2)-(3)
First, the law does not require that the ALJ accept Dr. Perillo’s opinion on whether the requirements for Listing 11.14 were met. That is an issue reserved for the Commissioner to decide. Contrary to plaintiffs argument, treating source opinions on issues reserved for determination by the Commissioner are not entitled to any significant weight.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
A treating source’s statement that a claimant is totally disabled is not a medical opinion entitled to controlling weight under the treating physician’s rule.
Earl-Buck v. Barnhart · filed 2006-02-13(a)(2)
Because the opinions of Drs. Land-fried and Kelly that plaintiff was “totally disabled” are not “medical opinions” under 20 C.F.R. § 404.1527(a)(2), the ALJ was not required to accord them any significant weight under the treating physician’s rule. Nor was the ALJ required to state reasons on the record for not doing so.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
The Commissioner determines whether a claimant is disabled, and an opinion on an issue reserved to the Commissioner receives no special significance because of its source.
Nicholson v. Commissioner of Social Security Administration · filed 2009-02-27(e)(1), (e)(3)
Moreover, pursuant to 20 C.F.R. §§ 404.1527(e)(1), 416.927(e)(1), the Commissioner is responsible for making the determination whether a claimant meets the statutory definition of disability and, pursuant to 20 C.F.R. §§ 404.1527(e)(3), 416.927(e)(3), no special significance will be given to the source of an opinion on issues reserved to the Commissioner.Read the full opinion on CourtListener →
Section 404.1527(d) reserves the ultimate disability determination to the Commissioner, so a physician’s statement that a claimant cannot work need not be treated as persuasive medical opinion evidence.
Markus v. Saul · filed 2021-03-31(d)
Although Dr. Hoffman opined that Markus “is incapacitated and unable to work,” this appears to be a reiteration of language from Markus’s complaints. (Tr. 529-530.) The ALJ did not find this opinion to be persuasive because it consists solely of an opinion on the ultimate issue reserved to the Commissioner, and Dr. Hoffman provided no opinion regarding Markus’s specific functional limitations or abilities.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(e)(1) leaves the ultimate disability determination to the ALJ, who may rely on a state agency consultant’s opinion.
Kacee Chandler v. Commissioner Social Security · filed 2012-01-05(e)(1)
Contrary to the District Court’s view, the ALJ was entitled to rely on Dr. Popat’s opinion. The ALJ—not treating or examining physicians or State agency consultants—must make the ultimate disability and RFC determinations. See 20 C.F.R. §§ 404.1527(e)(1), 404.1546(c).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527 reserves the final RFC determination to the Commissioner and gives no special significance to another source’s opinion on that issue.
Trauterman v. Colvin · filed 2014-02-19(e)(2), (e)(3)
As set forth above, however, the final responsibility for determining a claimant’s RFC is reserved to the Commissioner, who will not give any special significance to the source of another opinion on this issue. 20 C.F.R. § 404.1527(e)(2), (e)(3).Read the full opinion on CourtListener →
A treating source’s statement that a claimant cannot work concerns an issue reserved to the Commissioner and is not entitled to controlling weight.
Dutkiewicz v. Commissioner of Social Security · filed 2016-10-17(d)(1)
Dr. Kolinski’s determination that Dutkiewicz is “unable to work” is not a medical opinion that may be given controlling weight because it is an opinion on an issue reserved to the Commissioner.Read the full opinion on CourtListener →
Section 404.1527(d) reserves the decision whether a claimant can work to the Commissioner, so a treating physician’s conclusion on that issue receives no special deference.
Gross v. Commissioner of Social Security · filed 2017-03-28(d)
The ALJ properly discounted Dr. Brennan’s opinion. First, she noted that Dr. Brennan’s opinion that Plaintiff could not return to work is an issue reserved to the Commissioner and therefore not entitled to special deference. See 20 C.F.R. § 404.1527(d).Read the full opinion on CourtListener →
Section 404.1527(d)(1) reserves the decision about a claimant’s ability to work to the Commissioner, so a doctor’s conclusion on that issue is not entitled to weight.
Romero v. Commissioner of Social Security · filed 2017-04-24(d)(1)
As to the final conclusion from Drs. Subervi and Subervi that Romeo would find it difficult to hold a full-time job, that issue is reserved to the Commissioner and was not entitled to any weight.Read the full opinion on CourtListener →
A medical source’s statement that a claimant cannot work addresses a disability determination reserved for the Commissioner and receives no deference as a medical opinion.
Abdullah Amir v. Comm. of Social Security · filed 2017-10-13(d)(1)
This is so because a determination concerning whether a claimant is able to work is not a medical opinion, but is instead a legal conclusion on an issue reserved for the Commissioner.Read the full opinion on CourtListener →
A medical source’s statement that a claimant is unable to work receives no special significance because the disability determination is reserved to the Commissioner.
Lynch v. Commissioner of Social Security · filed 2019-07-30(d)(3)
The regulations provide that a statement by a medical source that a claimant is “unable to work” is not a medical opinion and is not due any special significance because the legal conclusion of disability is reserved to the Commissioner.Read the full opinion on CourtListener →
Section 404.1527(d)(1) leaves the disability determination to the Commissioner; a medical source’s statement that a claimant cannot work does not establish disability.
LEBLANC v. SAUL · filed 2019-09-25(d)(1)
Stated another way, opinions on such forms are merely conclusory, and it is entirely proper for an ALJ to reject even a treating physician’s opinion on such a basis, just as it would be as to any opinion on an ultimate issue reserved to the Commissioner.Read the full opinion on CourtListener →
Section 404.1527 reserves the final RFC determination to the Commissioner, so a treating physician’s opinion on work capacity is not entitled to controlling weight.
Carter v. Berryhill · filed 2019-12-09(e)(1)-(3)
The ultimate determination of a claimant’s RFC is reserved for the Commissioner. See 20 C.F.R. § 404.1527(e)(1)-(3); Ray v. Colvin, 2014 WL 1371585, at *18 (M.D. Pa. 2014) (“[Treating physician’s] opinion as to the ultimate issue, i.e., [p]laintiff’s ability to work, is not controlling because such conclusions are expressly reserved for the Commissioner.”).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d)(1) does not make a medical source’s statement that a claimant cannot work decisive of disability, but it does not justify ignoring the statement.
MCTAGGART v. COMMISSIONER OF SOCIAL SECURITY · filed 2020-04-30(d)(1)
This provision does refer to medical source opinions that a claimant is unable to work, but all it says is that such a statement, in and of itself, is not sufficient to mandate a determination that a claimant is disabled. ... The Court concludes that this regulatory provision does not justify the ALJ’s failure to discuss the statement in question.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d)(1) reserves the decision whether a claimant is disabled to the Commissioner.
Norris v. Commissioner of Social Security · filed 2020-06-05(d)(1)
Consistent with applicable law, the ALJ recognized that Dr. Campbell’s opinions are not medical opinions, but are, instead, opinions on the issue of disability which is reserved to the Commissioner (Id.). See §§404.1527(d)(1), 404.1546(c), 416.927(d)(1), 416.946(c).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d) reserves the determination of whether a claimant can work to the Commissioner.
Wacha v. Commissioner of Social Security · filed 2020-06-19(d)
Ms. Deganis’s statement is on an issue reserved to the Commissioner.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d) requires an ALJ to apply its factors when evaluating medical opinions on issues reserved to the Commissioner.
Hill v. Commissioner of Social Security · filed 2020-07-13(d)
In evaluating medical opinions on issues that are reserved to the Commissioner, the ALJ must apply the factors listed in 20 C.F.R. §§ 404.1527(d) and 416.927(d).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
The Commissioner has final responsibility for assessing a claimant’s residual functional capacity.
Swanson v. Commissioner of Social Security · filed 2020-07-16(d)(2)
At the hearing level, the ALJ has the responsibility of assessing the claimant’s RFC. See 20 C.F.R. § 404.1546(c); SSR 96-5p, 61 Fed. Reg. 34,471-01 (July 2, 1996); see also 20 C.F.R. § 404.1527(d)(2) (stating the assessment of a claimant’s RFC is reserved for the Commissioner).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(a)(2) excludes conclusory statements about a claimant’s ability to work from medical opinions that an ALJ must evaluate and weigh.
Berz, Randall v. Berryhill, Nancy · filed 2020-05-07(a)(2)
Conclusory statements about a claimant’s ability to work -- as opposed to opinions about the nature and severity of the claimant’s impairments -- are not medical opinions and, therefore, the ALJ need not accept or evaluate and discount each such statement.Read the full opinion on CourtListener →
An ALJ cannot discount a VA disability determination merely because disability is an issue reserved to the Commissioner.
(SS) Alcaraz v. Commissioner of Social Security · filed 2020-09-23(e)
Consequently, the ALJ’s rejection of the VA disability merely because the standards used by the VA differ from the Social Security Administration—and address an issue reserved for the Commissioner— was an error.Read the full opinion on CourtListener →
Section 404.1527(d) requires an ALJ to apply its listed factors when evaluating medical opinions on issues reserved to the Commissioner.
Zeh v. Commissioner of Social Security · filed 2020-11-13(d)
In evaluating medical opinions on issues that are reserved to the Commissioner, the ALJ must apply the factors listed in 20 C.F.R. §§ 404.1527(d) and 416.927(d).Read the full opinion on CourtListener →
Section 404.1527 reserves the decision whether a claimant is disabled to the Commissioner, so a physician’s opinion that the claimant cannot work may receive limited weight.
Miechurski v. Commissioner of Social Security · filed 2021-02-19(d)(1)
Because such conclusion about Plaintiff's functional limitations was inconsistent with his observations of Plaintiff's limitations during the examination and his treatment suggestions, and because it was an opinion on the issue reserved to the sole discretion of the Commissioner, the ALJ properly afforded it limited weight.Read the full opinion on CourtListener →
Section 404.1527(d) reserves the disability decision to the Commissioner, so a state Medicaid finding does not bind the Commissioner.
Ickes v. Commissioner of Social Security · filed 2021-03-08(d)
While Medicaid and social security benefits may factually overlap in some areas, findings by the state in Medicaid proceedings are not binding on the Commissioner in federal social security proceedings. Whether a claimant is disabled is an issue reserved for the Commissioner.Read the full opinion on CourtListener →
Section 404.1527(e)(1) reserves the disability determination to the Commissioner, so an ALJ may give limited weight to a physician’s opinion that a claimant is disabled.
Slater v. Commissioner Social Security Administration · filed 2021-03-24(e)(1)
As the ALJ correctly observed, the issue of whether a claimant is disabled is a matter reserved for the Commissioner.Read the full opinion on CourtListener →
A treating physician’s opinion that a claimant cannot work concerns an issue reserved to the Commissioner and receives no special deference.
Jackson v. Commissioner for Social Security · filed 2021-03-30(d)(3)
This statement, however, as the ALJ noted, is akin to a statement of disability, which is a matter reserved to the Commissioner. Opinions on an issue reserved for the Commissioner and not entitled to any special deference.Read the full opinion on CourtListener →
Section 404.1527(e) reserves administrative findings to the Commissioner.
Sanders-Jackson v. Saul · filed 2021-04-29(e)
Under 20 C.F.R. §§ 404.1527(e) and 416.927(e), some issues are not “medical issues,” but are “administrative findings.” The responsibility for determining these issues belongs to the Commissioner.Read the full opinion on CourtListener →
Section 404.1527(d) reserves the determination of a claimant’s residual exertional level to the Commissioner.
Green v. Kijakazi · filed 2021-08-09(d)
Although physicians are not occupational experts and the determination of a claimant’s residual exertional level is reserved for the Commissioner, see 20 C.F.R. § 404.1527(d), it is clear from these notes that plaintiff’s own physician did not consider plaintiff’s impairment totally debilitating from a medical standpoint, even as the physician noted plaintiff’s post-surgical status was inconsistent with the strenuous work plaintiff had done in the past.Read the full opinion on CourtListener →
Section 404.1527(d) gives no special significance to a medical opinion that a claimant cannot perform full-time competitive work because that determination is reserved to the Commissioner.
Butler v. Commissioner of Social Security · filed 2021-09-29(d)
As for Dr. Hughes’s opinion that the Plaintiff’s limitations would render him “unable to perform full-time competitive work,” the Court agrees that this conclusory assessment concerns an issue which rests solely within the province of the Commissioner and is therefore not entitled to any special significance.Read the full opinion on CourtListener →
An opinion that a claimant cannot work addresses an issue reserved to the Commissioner and receives no special significance, but the ALJ must still evaluate its support in the record.
Leyba v. Social Security Administration · filed 2021-10-21(d)(1), (d)(3)
By stating that Mr. Leyba’s medical conditions prevent him from participating in regular, gainful employment, Dr. Edmonds expressed an opinion on an issue reserved to the Commissioner. ... As such, his opinion is not entitled to special significance. ... Nevertheless, the ALJ was still required to “evaluate all the evidence in the case record to determine the extent to which [Dr. Edmonds’] opinion is supported by the record.”Read the full opinion on CourtListener →
Section 404.1527(d) gives no special significance to a medical source’s opinion on a claimant’s ability to work because that issue is reserved to the Commissioner.
Hall v. Kijakazi · filed 2022-02-15(d)
As Dr. Cancado opined Plaintiff’s employability is limited, without any opinion on the functional limitations that cause the limited employability, the ALJ reasonably rejected the opinion as addressing an issue reserved to the Commissioner.Read the full opinion on CourtListener →
Section 404.1527(d) gives no special significance to an opinion on an issue reserved to the Commissioner, but the ALJ must still consider the opinion and explain the weight assigned.
Kelley v. Commissioner of Social Security · filed 2022-02-16(d)
When a treating source provides an opinion on an issue reserved to the Commissioner, however, the ALJ need not give the opinion any special significance. See 20 C.F.R. §§ 404.1527(d) and 416.927(d). Even so, the opinion may not be ignored. ... The ALJ did not adequately do so here.Read the full opinion on CourtListener →
A medical source’s opinion that a claimant cannot work addresses an issue reserved to the Commissioner and is not entitled to controlling weight.
Rosario v. Commissioner of Social Security · filed 2022-04-01(d)(1)
By the same token, a medical opinion that a claimant is not "capable of" work invades the province of the Commissioner and is not entitled to controlling weight.Read the full opinion on CourtListener →
Section 404.1527(d) reserves dispositive issues, including whether drug and alcohol abuse is material to a disability finding, to the Commissioner.
Copp v. Commissioner, SSA · filed 2024-02-09(d)
The question of DAA materiality, however, is “reserved to the Commissioner.” SSR 13-2P, 2013 WL 21536, at *8, § 6(c)(ii), n.19; see also 20 C.F.R. § 404.1527(d) (issues that are dispositive of a case are reserved to the Commissioner).Read the full opinion on CourtListener →
Objective work-capacity assessments versus ultimate disability findings
Law changed since Same change as noted above.
Section 404.1527(d)(1) reserves the ultimate determination of whether a claimant can work to the Commissioner, but does not allow an ALJ to reject an objective medical assessment of the claimant's ability to sustain full-time employment on that basis alone.
Davis v. Commissioner of Social Security · filed 2022-05-18(d)(1)
The ALJ correctly explains that the determination of whether a claimant can work is reserved to the Commissioner. 20 C.F.R. § 404.1527(d)(1). But what Dr. Brown provided was “an assessment based on objective medical evidence of [the claimant's] likelihood of being able to sustain full-time employment.” See Hill v. Astrue, 698 F.3d 1153, 1160 (9th Cir. 2012). Dr. Brown completed a mental status exam, and his statement about plaintiff not being able to work competitively “at this time” was based on his assessment of plaintiff’s “current mood and anxiety symptoms.” AR 566. The ALJ, therefore, could not discount Dr. Brown’s opinion for this reason.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(e)(1) provides that a medical source’s conclusion that a claimant is disabled or unable to work concerns an issue reserved to the Commissioner and need not control the disability determination.
Mihalics v. Commissioner of Social Security · filed 2022-05-31(e)(1)
To the extent that all of Dr. Namassivaya’s “opinions,” and portions of Dr. Pietrantoni’s, consisted of conclusory statements that plaintiff should be “out of work” for a certain period or was “unable to work,” the ALJ correctly declined to consider them, because they opined on the ultimate issue of disability, which is reserved for the Commissioner. See e.g., Snell v. Apfel, 177 F.3d 128, 133 (2d Cir. 1999) (the ultimate issue of disability is set aside for the Commissioner, and conclusory opinions on that issue, even when rendered by a treating physician, are appropriately ignored by an ALJ). See also 20 C.F.R. §404.1527(e)(1).Read the full opinion on CourtListener →
Medical opinions versus reserved disability determinations
Law changed since Same change as noted above.
Section 404.1527(a)(1) defines a medical opinion as an acceptable medical source's judgment about an impairment's nature and severity, including symptoms, diagnosis, prognosis, remaining abilities, and restrictions, while § 404.1527(d)(1) treats opinions on disability as issues reserved to the Commissioner.
Luevano v. Commissioner of Social Security · filed 2020-05-18(a)(1), (d)(1)
“Medical opinions are statements from acceptable medical sources that reflect judgments about the nature and severity of [a claimant’s] impairment(s), including [his] symptoms, diagnosis and prognosis, what [he] can still do despite impairment(s), and [his] physical or mental restrictions.” ... Dr. Rattan’s opinion that Luevano “would have significant difficulty maintaining consistent employment from a mental health standpoint” ... is an opinion on disability, which is an issue within the Commissioner’s sole province.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d)(1) treats whether a claimant is disabled or able to work as an issue reserved to the Commissioner, so a medical-source statement on that issue does not establish disability.
McAuley v. Commissioner Social Security Administration · filed 2020-05-20(d)(1)
A statement by a medical source that plaintiff is “unable to work” does not mean she is disabled. 20 C.F.R. § 404.1527(d)(1).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d) reserves the disability determination to the Commissioner and gives no special significance to medical opinions on issues reserved to the Commissioner, including residual functional capacity and vocational factors.
Clark v. Social Security Administration, Commissioner · filed 2020-05-27(d), (d)(2)
According to 20 C.F.R. § 404.1527(d), the determination of whether an individual is disabled is reserved to the Commissioner, and no special significance will be given to an opinion on issues reserved to the Commissioner. Section (d)(2) provides that although the Commissioner will consider opinions from medical sources on issues such as the RFC and the application of vocational factors, the final responsibility for deciding those issues is reserved to the Commissioner.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d)(2) reserves residual functional capacity to the Commissioner, who is responsible for translating the evidence into work-related functions.
Hernandez v. Berryhill · filed 2020-05-27(d)(2)
The ALJ has the sole authority to review medical and other record evidence and translate the evidence into work related functions. 20 C.F.R. § 404.1527(d)(2) (the “residual functional capacity” is an issue “reserved to the Commissioner”).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d) provides that an opinion on whether a claimant is unable to work is not a medical opinion entitled to special significance, but the ALJ must still evaluate the medical source opinion under the applicable factors.
Hernandez v. Saul · filed 2020-05-28(d)
A statement by a medical source that a claimant is “unable to work” is not a medical opinion and is not due “any special significance.” 20 C.F.R. §§ 404.1527(d), 416.927(d). Nevertheless, the ALJ is required to consider medical source opinions about any issue, including issues reserved to the Commissioner, by evaluating the opinion in light of the evidence in the record and applying the applicable factors.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d)(1) provides that a medical source’s statement that a claimant is disabled or unable to work does not determine whether the claimant is disabled because that determination is reserved to the Commissioner.
Reed v. Social Security · filed 2020-05-31(d)(1)
Besides, as to Dr. Mufarreh’s opinion that Reed was unable to work, an opinion on the ultimate issue of disability is an administrative determination reserved for the Commissioner, not some other source. See Bass v. McMahon, 499 F.3d 506, 511 (6th Cir. 2007) (“Subsection [(d)(1)] further elaborates that no ‘special significance’ will be given to the opinions of disability, even if they come from a treating physician.”); see also 20 C.F.R. § 404.1527(d)(1) (“We are responsible for making the determination or decision about whether you meet the statutory definition of disability. In so doing, we review all of the medical findings and other evidence that support a medical source’s statement that you are disabled. A statement by a medical source that you are “disabled” or “unable to work” does not mean that we will determine that you are disabled.”).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d)(2) reserves final responsibility for deciding issues such as a claimant’s residual functional capacity to the Commissioner, although the ALJ must consider medical-source opinions.
Hastings v. Saul · filed 2020-06-01(d)(2)
“the final responsibility for deciding these issues is reserved to the Commissioner.”Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d)(1) treats whether a claimant is disabled as an issue reserved to the Commissioner, so a medical provider's opinion on that issue is not entitled to controlling weight.
Vick v. Saul · filed 2020-06-01(d)(1)
Furthermore, Allen’s finding that Vick was permanently disabled is a determination reserved to the Commissioner of Social Security. (Tr. 22.) See 20 C.F.R. §§ 404.1527(d)(1), 416.927(d). Therefore, Allen’s opinion was not entitled to more than little weight.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d)(1) treats whether a claimant is disabled as an issue reserved to the Commissioner, and § 404.1527(c)(2) permits an ALJ to give a treating-source opinion less weight when it is inconsistent with other substantial evidence.
Frink v. Commissioner of Social Security · filed 2020-06-01(d)(1), (c)(2)
Therefore, plaintiff’s focus on worker’s compensation classification of “permanent, partial, moderate to marked” is misplaced. In this instance, the ALJ appropriately and clearly did not rely on that portion of Dr. Fiorini’s report but rather the examination findings and statements by the plaintiff at that time. See 20 C.F.R. § 404.1527(d)(1), 416.927(d)(1); Pintagro v. Colvin, 1:15-CV-00478(MAT), 2017 WL 6616377, at *2 (W.D.N.Y. Dec. 27, 2017) (“An opinion that a claimant is totally or partially ‘disabled’ or is under a ‘disability’, even from an acceptable medical source such as a treating physician, is not entitled to any particular weight”); see also 20 C.F.R. §§ 404.1504, 416.904 (a decision by another governmental entity that a claimant is blind is “based on its rules” and not binding on the ALJ). ... The inconsistency between these opinions and the plaintiff’s statements about his abilities was also an adequate reason for the ALJ not to afford greater weight to these conclusory statements regardless of the treating relationship. 20 C.F.R. §§ 404.1527(c)(2), 416.927(c)(2); see also Greek v. Colvin, 802 F.3d 370, 375 (2d Cir. 2015).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d) treats a medical source’s statement that a claimant is disabled or unable to work as an opinion on an issue reserved to the Commissioner, rather than as a medical opinion.
Hughes v. BERRYHILL · filed 2020-06-12(d)
Plaintiff’s final contention that remand is warranted because the ALJ did not address Dr. Amini’s statement that he was precluded from competitive, full-time work activity on a sustained basis (R. at 1156) also fails, as a medical source’s statement that a claimant is “disabled” or “unable to work” is not a medical opinion but an opinion on an issue reserved to the Commissioner. See 20 C.F.R. § 404.1527(d).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d)(1) provides that a medical-source statement that a claimant is disabled or unable to work does not require the ALJ to determine that the claimant meets the definition of disability.
Trenidad v. Commissioner of Social Security · filed 2020-06-16(d)(1)
Defendant is accurate that a statement from a medical source that a claimant is “disabled” or “unable to work” does not require the ALJ to determine the claimant meets the definition of disability. 20 CFR §§ 404.1527(d)(1), 416.927(d)(1).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d)(2) reserves final responsibility for deciding residual functional capacity and vocational factors to the Commissioner and gives no special significance to medical-source opinions on those issues.
Evans v. Social Security Administration, Commissioner · filed 2020-06-17(d)(2)
According to 20 C.F.R. § 404.1527(d), the determination of whether an individual is disabled is reserved to the Commissioner, and no special significance will be given to an opinion on issues reserved to the Commissioner. Section (d)(2) provides that although the Commissioner will consider opinions from medical sources on issues such as the RFC and the application of vocational factors, the final responsibility for deciding those issues is reserved to the Commissioner.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d) treats a source's statement on an issue reserved to the Commissioner, such as whether a claimant is disabled or unemployable, as not a medical opinion entitled to weight as one.
Baker v. Saul · filed 2020-06-17(d)
Moreover, the ALJ was not required to give any weight to Dr. Bowen’s statements that he supported Plaintiff’s disability claim and that Plaintiff was unemployable due to a combination of seizures and seizure medication side effects,10 as those were not medical opinions but instead opinions on an ultimate issue reserved to the Commissioner. See 20 C.F.R. § 404.1527(d); Hernandez v. Soc. Sec. Admin., Comm’r, 761 F. App’x 901, 904 (11th Cir. 2019) (per curiam).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(e) treats a medical source’s statement that a claimant is disabled or unable to work as an issue reserved to the Commissioner rather than a medical opinion.
(SS) Fernandez v. Commissioner of Social Security · filed 2020-06-29(e)
The determination of whether a claimant is able to work is reserved for the Commissioner, and statements “by a medical source that [a claimant] is ‘disabled’ or ‘unable to work’” “are not medical opinions.”Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d) treats a physician’s statement that a claimant is disabled as an opinion on an issue reserved to the Commissioner, not as a medical opinion entitled to special weight.
Colony-Herrera v. Commissioner Social Security Administration · filed 2020-06-29(d)
A physician’s opinion that one is “disabled,” however, is not a medical opinion but instead an opinion on an issue reserved for the Commissioner. 20 C.F.R. § 404.1527(d).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d)(1) provides that a medical source's statement that a claimant is disabled or unable to work does not determine that the claimant is disabled because that issue is reserved to the Commissioner.
Baker v. Commissioner of Social Security · filed 2020-07-06(d)(1)
The ALJ appropriately found Dr. Kita’s cursory February 2013 opinion that plaintiff was “unable to work at this time” infringed on a determination reserved for the Commissioner. (AR 1258.) See 20 C.F.R. § 404.1527(d)(1) (“A statement by a medical source that you are ‘disabled’ or ‘unable to work’ does not mean that we will determine that you are disabled.”); SSR 96-5p. Plaintiff contends an ALJ must still consider opinions regarding issues reserved to the Commissioner. However, Dr. Kita did not provide any medical explanation underlying her conclusory opinion for the ALJ to consider. Similarly, Dr. Kita’s April 2017 opinion plaintiff was “unable to return to work due to progression of her disease” lacked any medical explanation. (AR 1031.2) The ALJ did not err by discounting these conclusory opinions.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d) treats medical-source opinions on issues reserved to the Commissioner as receiving no deference.
Smith v. Commissioner of Social Security · filed 2020-07-09(d)
Although it is well established that medical-source opinions on issues that are reserved to the Commissioner are due no deference, see 20 C.F.R. §§ 404.1527 (d); 416.927 (d), an ALJ must explain why a treating-physician opinion, even one as cursory as this, is not being credited.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d)(3) says the Commissioner does not give special significance to the source of an opinion on issues reserved to the Commissioner, including whether a claimant meets the statutory definition of disability.
Bower v. Commissioner of Social Security · filed 2020-07-16(d)(3)
Because Dr. Poole goes on to discuss what Petitioner can and cannot do in a workplace setting, the import of his references to Petitioner’s alleged disabling pain is lessened (if it can even be fully understood). ... All this is to say that, at bottom, the ALJ clearly disagreed with Dr. Poole’s possible conclusion that Petitioner is disabled and cannot work at all. Such a determination is indisputably the province of the ALJ. See, e.g., 20 C.F.R. §§ 404.1527(d)(3), 416.927(d)(3) (“We will not give any special significance to the source of an opinion on issues reserved to the Commissioner [(whether a claimant meets the statutory definition of disability)].”).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527 permits medical sources to provide opinions about impairment severity and residual functional capacity, but reserves the final decision on those issues to the Commissioner.
Politte v. Commissioner of Social Security · filed 2020-07-17(d)(2)
An RFC assessment is not a medical opinion, and indeed, determining the RFC is within the exclusive province of the ALJ. See 20 C.F.R. § 404.1527(d)(2) (“We use medical sources, including your treating source, to provide evidence, including opinions, on the nature and severity of your impairment(s). Although we consider opinions from medical sources on issues such as . . . your residual functional capacity . . ., the final responsibility for deciding these issues is reserved to the Commissioner”)Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d) treats opinions on whether a claimant is disabled or unable to work as issues reserved to the Commissioner, so they are not entitled to controlling weight or special significance but must still be considered.
Reese v. Saul (CONSENT) · filed 2020-07-29(d)
Opinions on some issues, such as whether a claimant is disabled or unable to work “are not medical opinions . . . but are, instead, opinions on issues reserved to the Commissioner because they are administrative findings that are dispositive of a case; i.e., that would direct the determination or decision of disability.” 20 C.F.R. §§ 404.1527(d); 416.927(d); Bell v. Bowen, 796 F.2d 1350, 1353-54 (11th Cir. 1986). Opinions on issues reserved to the Commissioner are not entitled to controlling weight or special significance. SSR 96-5p. However, “[s]uch opinions on these issues must not be disregarded” and the “decision must explain the consideration given to the treating source’s opinion(s).” Williams v. Comm’r of Soc. Sec., 2008 WL 591288, at *3 (S.D. Ga. Mar. 3, 2008).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d)(1) provides that statements that a claimant is disabled or unable to work do not determine disability, and § 404.1527(d)(3) provides that opinions on issues reserved to the Commissioner receive no special significance.
RAY v. SAUL · filed 2020-07-29(d)(1), (d)(3)
First, doctor’s statements that a claimant is “disabled” or “unable to work” do not qualify as medical opinions because they are dispositive of the case. 20 C.F.R. § 404.1527(d)(1). Thus, the 2015 appraisal of Plaintiff as “disabled and unable to work” was not a medical opinion. Likewise, on the 2018 questionnaire, Dr. Zaragoza checked a box next to the word “No” for the question of whether Plaintiff was capable of performing sedentary work. [Filing No. 13-10, at ECF p. 48.] These opinions constituted opinions on issues reserved to the SSA. The SSA “will not give any special significance to the source of an opinion on issues reserved to the Commissioner.” 20 C.F.R. § 404.1527(d)(3).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d)(1) treats a medical source opinion that a claimant is disabled from working as a legal conclusion reserved to the Commissioner, rather than an opinion entitled to particular weight.
Beery v. Comm'r of Soc. Sec. · filed 2020-07-30(d)(1)
A medical source opinion that the claimant is disabled from working is a legal conclusion on an issue that is reserved for the Commissioner.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(e) treats an opinion that a claimant is unable to work as an issue reserved to the Commissioner, requiring the ALJ to evaluate its evidentiary support without giving it controlling weight or special significance.
Sutherland v. Commissioner of Social Security · filed 2020-07-31(e)
A treating source’s opinion that a claimant is unable to work is not a “medical opinion” as defined by the regulations, but is an opinion on an issue reserved to the Commissioner. 20 C.F.R. § 404.1527(e). Where the record contains such an opinion, the ALJ must evaluate all the evidence to determine the extent it is supported by the record, but an opinion that a claimant is unable to work is never entitled to controlling weight or special significance.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d) excludes an opinion that a claimant is disabled from the definition of a medical opinion but requires the ALJ to consider supporting medical findings and other evidence.
Sells v. Commissioner Social Security Administration · filed 2020-08-07(d)
Under 20 C.F.R. § 404.1527(d), an opinion that you are disabled is not considered a medical opinion under the Act. 20 C.F.R. § 404.1527(d). However, the ALJ must nonetheless consider the opinion along with “all of the medical findings and other evidence that support a medical source’s statement that you are disabled.” Id. Therefore, the ALJ was still required to provide legally sufficient reasons to reject the remaining parts of Dr. Morris’ medical opinion.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 404.1527(d)(3) treats opinions on whether a claimant is disabled or unable to work as issues reserved to the Commissioner, so they are not medical opinions entitled to special significance or great weight.
Young v. Saul · filed 2020-08-10(d)(3)
An ALJ need not defer to a treating physician’s conclusion that a claimant is disabled because such an opinion has no “special significance” and is not considered a “medical opinion” entitled to great weight within the meaning of the regulations.Read the full opinion on CourtListener →
Notes 4801–4950 of 10,655, oldest cases first.
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