Pate-Fires v. Astrue, 564 F.3d 935 (8th Cir. 2009): More on treating clinicians vs. expert witnesses

Mental examiners are often asked “to determine whether noncompliance with medication is a direct result of the psychiatric disorder.” This is another interesting US Court of Appeals ruling with implications for psychiatric/psychological testimony. The review of the case in the current JAAPL (39, 1, 2011, pp. 121-123) notes “…mental health providers have a substantial role in the determination of disability for their clients, and in most circumstances, the treating provider’s opinion is given weight over that of an independent psychiatric evaluator who has spent less time with the client. “


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