Defending the Persuasiveness of Helpful Medical Opinions Under the 2017 Regulations – NOSSCR 2026 Fall National Conference – Track I (Presented by National Organization of Social Security Claimants’ Representatives)

The 2017 regulations changed the terms. SSA tried to narrow the consideration of medical opinions to only two factors: supportability and consistency. But narrowed consideration is not the same as no argument — and the persuasiveness determination remains contestable ground.

The stakes concentrate at the appeal. An ALJ finds a helpful medical opinion unpersuasive, and the case turns on whether that determination survives review. Some of those opinions, if properly considered, require favorable decisions — which makes the avenue of appeal the difference between an adverse determination standing and a favorable decision compelled.

You walk out with the appellate playbook: the avenues for appeal of adverse ALJ persuasiveness determinations, SSA’s arguments on appeal, and the judicial responses to our positions — what the courts are accepting, and where the openings are.