Magistrate Judge Gabriel Gorenstein
Cruz brought an action pursuant to 42 USC 405(g) to obtain judicial review of the final decision of the Commissioner of Social Security denying her claim for disability insurance benefits under the Social Security Act. Cruz argued that the Administrative Law Judge (ALJ) erred in failing to obtain additional information about her doctor’s assessment that Cruz’s low back pain was aggravated by prolonged sitting and walking. The court granted the Commissioner’s motion for judgment on the pleadings, finding that the ALJ fulfilled his duty when he contacted the doctor twice, adding that the doctor never responded to the request for clarification of her reports and her observations of Cruz’s language abilities and that the doctor never responded to the second request at all. The court further added that, in finding Cruz’s subjective complaints of pain not credible, the ALJ properly discussed Cruz’s complaints in the context of the complete medical record. Finally, the court found that the ALJ properly considered whether Cruz could use public transportation and determined that she was able to do so.
