20 C.F.R. § 404.1616

Medical consultants and psychological consultants

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(a) What is a medical consultant? A medical consultant is a member of a team that makes disability determinations in a State agency (see § 404.1615), or who is a member of a team that makes disability determinations for us when we make disability determinations ourselves. The medical consultant completes the medical portion of the case review and any applicable residual functional capacity assessment about all physical impairment(s) in a claim.

(b) What qualifications must a medical consultant have? A medical consultant is a licensed physician, as defined in § 404.1502(a)(1).

(c) What is a psychological consultant? A psychological consultant is a member of a team that makes disability determinations in a State agency (see § 404.1615), or who is a member of a team that makes disability determinations for us when we make disability determinations ourselves. The psychological consultant completes the medical portion of the case review and any applicable residual functional capacity assessment about all mental impairment(s) in a claim. When we are unable to obtain the services of a qualified psychiatrist or psychologist despite making every reasonable effort (see § 404.1617) in a claim involving a mental impairment(s), a medical consultant will evaluate the mental impairment(s).

(d) What qualifications must a psychological consultant have? A psychological consultant can be either a licensed psychiatrist or psychologist. We will only consider a psychologist qualified to be a psychological consultant if he or she:

(1) Is licensed or certified as a psychologist at the independent practice level of psychology by the State in which he or she practices; and

(2)(i) Possesses a doctorate degree in psychology from a program in clinical psychology of an educational institution accredited by an organization recognized by the Council on Post-Secondary Accreditation; or

(ii) Is listed in a national register of health service providers in psychology which the Commissioner of Social Security deems appropriate; and

(3) Possesses 2 years of supervised clinical experience as a psychologist in health service, at least 1 year of which is post-masters degree.

(e) Cases involving both physical and mental impairments. In a case where there is evidence of both physical and mental impairments, the medical consultant will evaluate the physical impairments in accordance with paragraph (a) of this section, and the psychological consultant will evaluate the mental impairment(s) in accordance with paragraph (c) of this section.

[82 FR 5873, Jan. 18, 2017]

Notes of Decisions

Cited in 31 cases (13 in the last 5 years), 1991–2026 · leading case: Elam v. Barnhart

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Elam v. Barnhart (2005) txed · cites it 2× “” 20 C.F.R. § 404.1616 (a) (2004). A medical consultant must be "a licensed physician (medical or osteopathic), a licensed optometrist, a licensed podiatrist, or a qualified speech-language pathologist.”

Washington v. Barnhart (2006) txed · cites it 2× “” 20 C.F.R. § 404.1616 (a) (2005). A medical consultant must be "a licensed physician (medical or osteopathic), a licensed optometrist, a licensed podiatrist, or a qualified speech-language pathologist.”

Dewey v. Astrue (2007) ca8 “Nor does the Commissioner contend that Muser has any other medical credentials that would quali *449 fy her to act as a medical consultant under 20 C.F.R. § 404.1616 (b). However, the ALJ’s opinion shows that the ALJ labored under the belief that the Physical Residual Functional…”

Oderbert v. Barnhart (2006) txed · cites it 2× “” 20 C.F.R. § 404.1616 (a)(2005). A medical consultant must be "a licensed physician (medical or osteopathic), a licensed optometrist, a licensed podiatrist, or a qualified speech-language pathologist.”

Warfield v. Colvin (2015) dcd “” 20 C.F.R. § 404.1616 (d). In response, defendant claims that, contrary to plaintiffs assertion, “state agency medical consultant James Grim, M.”

Henson v. Barnhart (2005) txed · cites it 2× “" 20 C.F.R. § 404.1616 (a)(2003). A medical consultant must be "a licensed physician (medical or osteopathic), a licensed optometrist, a licensed podiatrist, or a qualified speech-language pathologist.”

Allsbury v. Barnhart (2006) txed “” 20 C.F.R. § 404.1616 (a) (2005). 2 . See Sec.”

Parker v. Barnhart (2006) txed “” 20 C.F.R. § 404.1616 (a)(2005). 5 . Appendix I, Subpart P, Part 404 of the Regulations lists impairments and indicators of medical severity.”

Brown v. Colvin (2014) ned “” However, Boone is not a Medical Consultant as defined under 20 C.F.R. § 404.1616 (b) and the SSA does not refute that fact in any of its briefs.”

Lewis v. Barnhart (2006) txed “” 20 C.F.R. § 404.1616 (a)(2005). 7 . Dr. Frankie Siy, M.”

Frank v. Barnhart (2006) txed “” 20 C.F.R. § 404.1616 (a)(2005). Margaret Ann Gardner, Ph.”

Bean v. Barnhart (2006) txed “"A medical consultant is a person who is a member of a team that makes disability determinations in a State agency, as explained in § 404.1615, or who is a member of a team that makes disability determinations for us when we make disability determinations ourselves.”

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