What is the current state of the law in this circuit when it comes to determining the opinion of a treating or reviewing physician on a social security claim?

MultiRegion, United States of America

The following excerpt is from Uy v. Colvin, 1:13-cv-1210 BAM (E.D. Cal. 2015):

Cases in this circuit distinguish among the opinions of 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 (non-examining physicians). In the hierarchy of physician opinions considered in assessing a social security claim, "[g]enerally, a treating physician's opinion carries more weight than an examining physician's, and an examining physician's opinion carries more weight than a reviewing physician's." Orn v. Astrue, 495 F.3d 625 (9th Cir. 2007); Holohan v. Massanari, 246 F.3d 1195, 1202 (9th Cir. 2001); See also, 20 C.F.R. 404.1527(c)(1)-(2). If a treating physician's opinion is "well-supported by medically acceptable clinical and laboratory diagnostic techniques and is not inconsistent with the other substantial evidence in [the] case record, [it will be given] controlling weight." 20 C.F.R. 404.1527(c)(2).

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