Armbruster

MEMORANDUM ***

1. Rejection of Treating Doctor’s Opinion. “[T]he treating physician’s opinion on the ultimate issue of disability is not necessarily conclusive.” 1 Where a “treating doctor’s opinion is contradicted by another doctor,” the Commissioner may reject it so long as he provides “specific and legitimate reasons supported by substantial evidence ....” 2 The Commissioner has done so.

The opinion of the treating physician as to Ms. Armbruster’s functional capacity conflicted with the opinions of four other doctors. The Commissioner is entitled to “resolve disputes in contradicted medical evidence.” 3 “Where medical reports are inconclusive, questions of credibility and resolution of conflicts in the testimony are functions solely of the [Commissioner].” 4 Although two of the doctors who contradicted her treating physician did not examine her, two did. The opinion of a non-examining physician may be considered together with other evidence, including the opinions of examining physicians. 5 The conflicting medical evidence alone is a proper reason for the Commissioner to have rejected the opinion of Armbruster’s treating physician.

2. Partial rejection of Armbruster’s…