20 C.F.R. § 404.1516
If you fail to submit medical and other evidence
If you do not give us the medical and other evidence that we need and request, we will have to make a decision based on information available in your case. We will not excuse you from giving us evidence because you have religious or personal reasons against medical examinations, tests, or treatment.
Notes of Decisions
Cited in 29
cases (14 in the last 5 years), 1981–2026 · leading case: Kenneth David Jacobus v. Comm'r of Soc. Secur, 664 F. App'x 774 (11th Cir. 2016).
Kenneth David Jacobus v. Comm'r of Soc. Secur, 664 F. App'x 774 (11th Cir. 2016). “See 20 C.F.R. §§ 404.1516 , 416.916 (stating claimants are not excused from providing medical evidence because they oppose medical examinations, tests, or treatment for personal reasons).”
Gertrude E. Reynolds v. Sec'y of Health & Human Servs., 707 F.2d 927 (6th Cir. 1983). “2 Moreover, by 20 C.F.R. § 404.1516 (1980), the Secretary established that such determinations were to be made solely upon the basis of medical evidence.”
Florence M. Wren v. Louis W. Sullivan, M.D., Sec'y of Health & Human Servs., 925 F.2d 123 (5th Cir. 1991). “See 20 C.F.R. § 404.1516 (1989). A consultative examination may be necessary to develop a full and fair record.”
Robert J. ANDERSON Jr., Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Sec'y of Health & Human Servs., Defendant-Appellee, 887 F.2d 630 (5th Cir. 1989). “FAILURE TO ORDER TESTS AND IMPROPER USE OF THE MEDICAL VOCATIONAL GUIDELINES The appellant argues that the AU should have ordered nerve conduction studies.”
Jimmy JONES, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Sec'y, Dep't of Health & Human Servs., Defendant-Appellee, 829 F.2d 524 (5th Cir. 1987). “See 20 CFR § 404.1516 (1986). Under some circumstances, however, a consultative examination is required to develop a full and fair record.”
Hernandez v. Astrue, 269 F. App'x 511 (5th Cir. 2008). “See 20 C.F.R. §§ 404.1516 , 416.916; Anderson v.”
McCray v. Massanari, 175 F. Supp. 2d 1329 (M.D. Ala. 2001). “”); 20 C.F.R. § 404.1516 . During the administrative proceedings which preceded the hearing before the ALJ, McCray did not allege mental retardation as the basis for his disability claims, and he did not request an IQ test.”
Annie M. PEARSON, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Sec'y of Health & Human Servs., Defendant-Appellee, 866 F.2d 809 (5th Cir. 1989). “See 20 CFR § 404.1516 (1986). Under some circumstances, however, a consultative examination is required to develop a full and fair record.”
Schisler v. Heckler, 574 F. Supp. 1538 (W.D.N.Y. 1983). “20, 1980) (explaining 20 C.F.R. §§ 404.1516 , 416.916). Plaintiffs allege that defendants’ actual practices, in performing CDIs, did not and do not conform with either the letter or the spirit of their rules.”
In Re Swine Flu Immunization Prod. Liab. Lit., 533 F. Supp. 703 (D. Utah 1982). “[35] 20 C.F.R. § 404.1516 (1980). This regulation provides that disabilities which are "medically equivalent" to those listed in Appendix 1, Subpart P of the Social Security Regulations are compensable under the Act.”
Sandi Vaughn v. Carolyn Colvin, Comm'r, 589 F. App'x 238 (5th Cir. 2014). “1987) (citing 20 C.F.R. § 404.1516 ). Although, the Commissioner may be required to seek further information regarding a claimant’s disability under certain circumstances, isolated references to a limitation without more 'do not implicate this duty.”
Lee v. Heckler, 568 F. Supp. 456 (N.D. Ind. 1983). “20 CFR § 404.1516 . Plaintiff has shown by a preponderance of substantial medical evidence that his impairment is at least medically equivalent to the listing outlined at Section 1.”
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