What is the standard for assessing harmless error when a treating doctor has provided a form medical opinion statement that an applicant for social security benefits is disabled, but the treatment records of that doctor are obviously missing at the time of the ALJ hearing, and the ALJ decision discounts that doctor's opinion and finds the applicant not disabled without first obtaining and looking at the treatment records of that doctor?

QUESTIONS PRESENTED When determining the weight given to the medical opinion of a treating doctor who has stated that an applicant for social security benefits on the basis of disability is disabled, an ALJ must look at the treatment records of that treating doctor. 20 C.F.R. § 416.927(¢)(2). The determination of the weight given to a medical opinion of a treating doctor is a finding of fact which must be supported by substantial evidence. See 42 U.S.C. § 405(g). A reviewing court applies a harmless error standard to the review of agency errors in administrative determinations. The questions presented are: 1. What is the standard for assessing harmless error when a treating doctor has provided a form medical opinion statement that an applicant for social security benefits is disabled, but the treatment records of that doctor are obviously missing at the time of the ALJ hearing, and the ALJ decision discounts that doctor’s opinion and finds the applicant not disabled without first obtaining and looking at the treatment records of that doctor? 2. In assessing harmless error, can a reviewing court, after obtaining and reviewing a treating doctor’s treatment records which were missing at the time of the ALJ determination, re-weigh the medical opinion of that treating doctor in light of the new records without running afoul of the “Chenery doctrine,” which provides that reviewing courts must judge the ii propriety of administrative action solely by the grounds invoked by the agency? Sec. & Exch. Comm'n v. Chenery Corp., 332 U.S. 194, 196, 67 S.Ct. 1575, 91 L.Ed. 1995 (1947).