What is the current state of the law in this circuit when it comes to determining whether a treating or nonexamining physician's opinion is valid?

MultiRegion, United States of America

The following excerpt is from Spalliero v. Berryhill, Case No.: 1:16-cv-01387-BAM (E.D. Cal. 2018):

Cases in this circuit identify three types of physicians: (1) those who treat the claimant (treating physicians); (2) those who examine but do not treat the claimant (examining physicians); and (3) those who neither examine nor treat the claimant (nonexamining physicians). Lester v. Chater, 81 F.3d 821, 830 (9th Cir. 1995). As a general rule, more weight should be given to the opinion of a treating source than to the opinions of doctors who do not treat the claimant. Id. Where a treating physician's opinion is not contradicted by another doctor, it may be rejected only for "clear and convincing" reasons. Id. If the treating physician's opinion is contradicted by another doctor, the

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Commissioner must provide "specific and legitimate" reasons supported by substantial evidence in the record to reject this opinion. Id.

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