Rodriguez V. Sec'y HHS

Date:

The testimony of a non-examining medical advisor--to be distinguished from the non-testimonial written reports in the instant case--can alone constitute substantial evidence, depending on the circumstances. Substantial evidence does not exist to support a finding that exertional impairments are not disabling where the record does not contain any evidence of RFC. The ALJ is not qualified to assess RFC on the basis of bare medical findings.