Judge Lawrence Kahn
Gorman objected to a magistrate judge's report and recommendation in his social security disability case. Specifically, he objected to the magistrate judge's recommendation that the court find no error in the administrative law judge's (ALJ) decision not to give his treating physician's opinion controlling weight. Gorman argued that the magistrate judge misinterpreted, and misapplied, Green-Younger v. Barnhart, and also failed to recognize that if the ALJ found the treating physician's opinion to be lacking in explanation, the ALJ was obligated to develop the record by contacting the physician. The court found no error in the magistrate judge's interpretation of Green-Younger or its application to the record. Contrary to Gorman's contention, the ALJ did not give the treating physician's opinion controlling weight because the physician did not support her opinion with her own clinical findings. Also, other medical evidence of record did not support the physician's opinion. The court rejected Gorman's second objection, reasoning that even if the physician provided an explanation of her opinion, there still would be substantial medical evidence contradicting that opinion. Thus the report and recommendation was approved.
