Opinion · Court of Appeals for the Second Circuit

Jordan v. Commissioner of Social Security

142 F. App'x 542

Type
Opinion
Court
Court of Appeals for the Second Circuit
Jurisdiction
Federal
Date
2005-09-08
Topic
bankruptcy

finding that the ALJ fulfilled his duty to develop the record where counsel represented that he had “nothing further to add,” and he did not request the ALJ’s help in obtaining the documents | finding that the ALJ fulfilled his duty to develop the record where counsel represented that he had “nothing further to add,” and he did not request the ALJ’s help in obtaining the documents | finding that the ALJ did not fail to develop the record where the ALJ did not contact the physician whom the plaintiff had mentioned at the hearing where the ALJ kept the record open | finding that the ALJ fulfilled his duty to develop the record where counsel volunteered to obtain documents from the plaintiff’s treating physician and the ALJ kept the record open to allow counsel to submit the documents | concluding “[t]he ALJ fulfilled his duty to develop the administrative record,” where the claimant’s counsel volunteered to obtain records from the claimant’s physician and the ALJ held the record open to allow counsel to do so | finding that ALJ satisfied duty to develop the record where the plaintiff’s counsel volunteered to secure additional records, the ALJ kept the record open to allow counsel to do so, and counsel ultimately advised the ALJ that there was nothing further to add to the record | finding no error where additional records were never submitted, despite claimant's counsel advising the ALJ of missing records and obtaining additional time, but never seeking assistance from the ALJ to obtain the records | declining to find the ALJ failed to discharge his duty to develop the record where the ALJ gave Plaintiff and his counsel an opportunity to obtain additional records and they failed to do so | finding no error to develop the record where claimant’s counsel volunteered to obtain medical records, the ALJ kept the record open to allow for supplementation of ‘the record, and the claimant did not request the ALJ’s assistance in securing additional evidence | finding no error for failure to develop the record where claimant’s counsel volunteered to obtain the records, the ALJ kept the record open to allow supplementation of the record, and claimant did not request the ALJ’s assistance in securing additional evidence | finding no error or failure to develop the record where claimant’s counsel volunteered to obtain medical records, the ALJ kept the record open to allow for supplementation of the record, and the claimant did not request the ALJ’s assistance in securing additional evidence | ALJ adequately developed the record by holding the record open for counsel to submit additional evidence, claimant did not request ALJ’s assistance in obtaining evidence, and counsel informed ALJ there was nothing more to add | ALJ did not err in failing to develop the record where claimant’s counsel advised that she was seeking missing records, ALJ kept administrative record open, but counsel never submitted the additional records and claimant never requested ALJ’s assistance in obtaining records | “ALJ fulfilled his duty to develop the . . . record” where, after counsel volunteered but failed to obtain records, ALJ contacted counsel “to remind him that no evidence had been received and that a decision would be made on the existing record unless such evidence was timely submitted.”

Citator

Cited by
32 opinions

SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court be AFFIRMED.

Plaintiff-Appellant Michael R. Jordan appeals from a September 30, 2004 judgment of the district court (Hurd, /.), granting Defendant-Appellee Commissioner of Social Security’s motion for judgment on the pleadings and dismissing Jordan’s complaint, which sought review of a decision by an Administrative Law Judge (“ALJ”) denying Jordan’s claim for Social Security Disability Insurance benefits. We assume familiarity with the facts, procedural history, and issues on appeal.

We undertake our own review of the administrative record to determine whether [i] the ALJ committed “an error of law ... that might have affected the disposition of the case,” Pollard v. Halter, 377 F.3d 183, 189 (2d Cir.2004) (quotation omitted); and if not, [ii] whether the ALJ’s decision is supported by substantial evidence, ie., “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Id. (quotation omitted).

1. The ALJ fulfilled his duty to develop the administrative record. See Pratts v. Chater, 94 F.3d 34, 37 (2d Cir.1996) (“[T]he ALJ [must] affirmatively develop the record ... even when, as here, the claimant is represented by counsel.” (quotations and citations omitted)). Although the ALJ did not contact or obtain records from Dr. Arena, a treating physician whom Jordan mentioned at his hearing: [i] Jordan’s counsel volunteered to secure Dr. Arena’s records; [ii] the ALJ kept the record open to allow counsel to do so, and later contacted counsel to remind him that no evidence had been received and that a decision would be made on the existing record unless such evidence was timely submitted; [iii] counsel subsequently contacted the Social Security Administration to advise it that Jordan had “nothing further to add” to the record; and [iv] Jordan did not request the ALJ’s assistance in contacting or securing evidence from Dr. Arena. Under these circumstances, we cannot say that the ALJ failed to discharge his duty to develop the record.

2. As to the merits of the ALJ’s decision, based on our independent review of the record, we find that the ALJ committed no “error of law ... that might have affected disposition of the case,” Pollard, 377 F.3d at 189, and that the decision was supported by substantial evidence.

For the foregoing reasons, the judgment of the district court is AFFIRMED.