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Lino Dimatteo v. William H. Baughman

November 1, 2011

LINO DIMATTEO,
PLAINTIFF,
v.
WILLIAM H. BAUGHMAN, JR. COMMISSIONER OF SOCIAL SECURITY,
DEFENDANT.



The opinion of the court was delivered by: William H. Baughman, Jr. United States Magistrate Judge

MEMORANDUM OPINION AND MAGISTRATE JUDGE

ORDER

Introduction

This is an action for judicial review of the final decision of the Commissioner of Social Security denying the applications of the plaintiff, Lino DiMatteo, for disability insurance benefits and supplemental security income. The parties have consented to magistrate judge's jurisdiction.

The Administrative Law Judge ("ALJ"), whose decision became the final decision of the Commissioner, found that DiMatteo had severe impairments consisting of diabetic neuropathy and radiculopathy.*fn1 The ALJ made the following finding regarding DiMatteo's residual functional capacity:

After careful consideration of the entire record, I find that the claimant has the residual functional capacity to perform the full range of sedentary work as defined in 20 CFR 404.1567(a) and 416.967(a).*fn2

The ALJ decided that this residual functional capacity precluded DiMatteo from performing his past relevant work as a pharmacist.*fn3

Based on an answer to a hypothetical question posed to the vocational expert at the hearing setting forth the residual functional capacity finding quoted above, the ALJ determined that a significant number of jobs existed locally and nationally that DiMatteo could perform.*fn4 The ALJ, therefore, found DiMatteo not under a disability.*fn5

DiMatteo asks for reversal of the Commissioner's decision on the ground that it does not have the support of substantial evidence in the administrative record. Specifically, DiMatteo argues that:

* The ALJ failed to incorporate into the residual functional capacity finding limitations the use of DiMatteo's hands and feet.

* The ALJ failed to articulate sufficient reasons for discounting DiMatteo's credibility.

* The ALJ failed to call a medical expert to testify at the hearing skilled in neurology.

* The ALJ improperly interpreted the vocational expert's testimony in finding that DiMatteo had skills transferable to other jobs.

I conclude that the ALJ's finding of no disability is supported by substantial evidence and, ...


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