Dennis v. Comm'r of Soc. Sec.

2 Citing cases

  1. Jones v. Comm'r

    Civil Action 4:21-CV-00895-SDJ-CAN (E.D. Tex. Dec. 19, 2022)

    Because Plaintiff filed her claim for benefits before March 27, 2017, the ALJ was required to apply the “old treating physician rule”, rather than the new SSA rules. See 20 C.F.R. § 404.1520c (the agency's revised regulations apply to claims filed on or after March 27, 2017); Dennis v. Comm'r, No. 2:20-cv-133, 2022 WL 590024, at *3 (S.D.Miss. Jan. 26, 2022) (finding where application for benefits was filed before March 27, 2017, the ALJ should have analyzed Plaintiff's application under the “old treating physician rule” rather than the current persuasiveness analysis), report and recommendation adopted, No. 2:20-cv-133, 2022 WL 586772 (S.D.Miss. Feb. 25, 2022). An opinion that a claimant is disabled or unable to work is an opinion on the legal issue that is reserved for the Commissioner, and accordingly, such an opinion by a physician is never entitled to “controlling weight.”

  2. Teixeira v. Comm'r, SSA

    Civil Action 4:21-CV-00003-SDJ-CAN (E.D. Tex. Jul. 12, 2022)   Cited 8 times

    , at *2-4 (S.D.Miss. Jan. 26, 2022) (highlighting the differences between the old and new medical opinion rules where the ALJ incorrectly applied the new persuasive analysis), report and recommendation adopted, No. 2:20-CV-133-TBM-MTP, 2022 WL 586772 (S.D.Miss. Feb. 25, 2022); see also 20 C.F.R. § 404.1520c(b)(1).