Korenica
Korenica v. Astrue
Opinion
Lead Opinion
MEMORANDUM **
The Administrative Law Judge (ALJ) did not err in relying on Dr. Watkins’s evaluation of Korenica’s mental residual functional capacity. When a claimant objects to being examined by a medical source, the ALJ may reschedule the examination with a different medical source without first determining whether there was good cause for such an objection. See 20 C.F.R. § 416 .919j. The regulation, however, does not require the ALJ to ignore the results of the first medical source’s examination. Korenica does not argue that the language barrier affected Dr. Watkins’s evaluation or prejudiced her in any way. Moreover, Dr. Watkins’s evaluation was substantially consistent with Dr. Geaiy’s report.
The ALJ also gave a specific and legitimate reason for crediting Dr. Geary’s narrative report over his check-the-box medical source statement. The ALJ reasonably determined that the statements in the two documents were contradictory, and determined that Dr. Geary’s narrative report was more consistent with his clinical findings and the findings of other medical sources. This is a specific and legitimate reason to reject a portion of Dr. Geary’s report. See Thomas v. Barnhart, 278 F.3d…