I also acknowledge that my colleague, then-Chief Judge Donald E. O'Brien, "indicate[d] to the Secretary that it should always provide all medical records to any physician from whom he solicits an opinion regarding any social security case." Mateer v. Bowen, 702 F. Supp. 220, 222 (S.D. Iowa 1988). Nevertheless, Jones has not shown that applicable statutes, regulations, or decisions of the Eighth Circuit Court of Appeals impose a mandatory requirement that consulting examiners have access to all of a claimant's records. Nor does the fact that Dr. Latella examined Jones only once necessarily make it inappropriate for the ALJ to rely on his conclusions.
The Court would remind the Commissioner that it has been the law in this jurisdiction for some time that when a claimant is sent to a doctor for a consultative examination, all the available medical records should be reviewed by the examiner. Mateer v. Bowen, 702 F. Supp. 220, 222 (S.D.Iowa 1988) ("Furthermore, the court would indicate to the Secretary that it should always provide all medical records to any physician from whom he solicits an opinion regarding any social security case.") This admonition applies with equal force to Disability Determination Services just as it does to the ALJs. In addition to the aforementioned, we also know from the medical evidence that the side effects of Plaintiff's medication cause drowsiness, nausea, and an inability to concentrate.