Donta L. H. v. Frank J. Bisignano, Commissioner of Social Security

Summary

The United States District Court for the Middle District of North Carolina reviews the Commissioner of Social Security’s denial of DIB and SSI benefits to Donta L. H. The court rejects the plaintiff’s challenges concerning evaluation of subjective symptoms, development of the administrative record, and vocational-expert testimony, and enters judgment for the Commissioner.

Holdings

1. The ALJ adequately evaluated Plaintiff's subjective symptom reports by applying the two-part symptom-analysis framework and comparing Plaintiff's statements with the medical and other evidence of record.
2. The ALJ did not fail to develop the record by declining to order a consultative psychological examination because the record contained sufficient evidence to make an informed disability determination, and the regulations give the ALJ discretion to order such an examination when appropriate.
3. Plaintiff forfeited the argument that the ALJ failed to include the specific classification of a person closely approaching advanced age in the vocational-expert hypothetical because he did not raise the issue during the administrative hearing. In any event, the argument failed on the merits because the ALJ elicited Plaintiff's birthdate, the vocational expert heard that information, and Plaintiff showed no specific harm.

Questions Presented

1. Whether the ALJ properly evaluated Plaintiff's subjective symptom reports.
2. Whether the ALJ failed to adequately develop the administrative record by not ordering a consultative psychological examination.
3. Whether the ALJ's failure to expressly identify Plaintiff as a person closely approaching advanced age in the hypothetical questions to the vocational expert required remand.

Disposition

affirmed