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Disability: Scott v. Astrue

U.S. District Court, WDNY

Non-exertional Limitations — Testimony

Scott v. Astrue
Judge Arcara

Background: The plaintiff commenced the action seeking review of the final decision by the commissioner of Social Security that denied the plaintiff Social Security benefits. The decision found that the plaintiff retained the capacity to perform a full range of sedentary work and found the plaintiff not disabled. The plaintiff contends that the ALJ failed to properly evaluate the plaintiff’s subjective complaints or consider the testimony of a vocational expert or the testimony of a vocational expert.

Ruling: The court found that the commissioner’s determination was supported by substantial evidence on the record. Specifically, the court found that the ALJ was not required to give any weight to the testimony of the vocational expert. The ALJ did not find that the plaintiff suffered from nonexertional limitations during the disability period. Therefore, the ALJ was not required to rely on the expert’s testimony.

Joseph D. Clark, Law Offices of Kenneth Hiller, for Gregory R. Scott; Kevin D. Robinson, U.S. sttorney’s office, for the defendant