Trevizo v. Berryhill
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
In Woods v. Kijakazi, the Ninth Circuit held that the 2017 Social Security regulations displaced its former medical opinion hierarchy. Silva v. Commissioner of Social Security identifies Trevizo as a decision stating that former standard. Trevizo's analysis of symptom testimony was not displaced by this change.
40 later cases cite Trevizo v. Berryhill; 40 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Trevizo v. Berryhill?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Superseded by later regulation
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The Ninth Circuit held that the 2017 regulations displaced the treating physician standard Trevizo applied for newer claims.
Woods v. Kijakazi · Ninth Circuit · filed
As a threshold matter, we must decide whether recent changes to the Social Security Administration’s regulations displace our longstanding case law requiring an ALJ to provide “specific and legitimate” reasons for rejecting an examining doctor’s opinion. We conclude that they do. For claims subject to the new regulations, the former hierarchy of medical opinions—in which we assign presumptive weight based on the extent of the doctor’s relationship with the claimant—no longer applies.
Read the full opinion on CourtListener →
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