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Ferguson v. Comm'r of Soc. Sec., 09-4387

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By FindLaw Staff on December 23, 2010 2:57 PM

Denial of applications for disability benefits and supplemental income

Ferguson v. Comm'r of Soc. Sec., 09-4387, concerned a challenge to the district court's affirmance of the Commission of Social Security's denial of plaintiff's applications for disability benefits and supplemental security income.

The court affirmed the district court's rejection of plaintiff's claim that the ALJ violated SSR 96-5p as, the ALJ's thorough opinion demonstrates that he carefully considered the entire record in this case, that he identified substantial evidence supporting the determination that plaintiff was not disabled, and that he did not abuse his discretion in failing to recontact a doctor, because the bases for her opinion, though wanting, were not unclear or ambiguous.  The court also held that the district court did not err when it declined to remand the matter to the ALJ for consideration of new evidence that was accepted by the Appeals Council.

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