Richard Vernon Moore v. Frank J. Bisignano, Commissioner, Social Security Administration

Summary

This proposed findings and recommended disposition addresses Richard Vernon Moore’s appeal of the Commissioner of Social Security’s denial of disability insurance benefits and supplemental security income. The magistrate judge concluded that the Commissioner’s decision was supported by substantial evidence and was not affected by legal error, recommending that the decision be affirmed and the complaint dismissed with prejudice.

Holdings

1. A claimant challenging the development of the record must show both that the ALJ failed to develop necessary evidence and that the failure caused unfairness or prejudice. Moore showed neither, and the existing record was sufficient for an informed disability determination.
2. The Commissioner's determination that Moore was not disabled was supported by substantial evidence on the record as a whole and was not based on legal error.

Questions Presented

1. Whether the Commissioner's denial of disability insurance benefits and supplemental security income was supported by substantial evidence on the record as a whole and was free of legal error.
2. Whether the ALJ failed to develop the administrative record by not ordering additional testing or medical examinations concerning alleged neuropathy following a spinal cord injury.
3. Whether the ALJ's residual functional capacity assessment was supported by the medical evidence and the record as a whole.

Disposition

other