Leitner v. Commissioner Social Security Administration

MEMORANDUM

A narrow question was presented for review. It is not disputed that Ms. Leit-ner suffers from depression with anxiety. The question is the severity and functional limitations attributable to her depression and neck pain. It is argued that the Social Security Commissioner’s denial of Ms. Le-itner’s application for Disability Insurance Benefits is neither supported by substantial evidence nor free of legal error.

The pivotal issue is whether the Administrative Law Judge should have obtained a consultative examination to assess Ms. Leitner’s depression with anxiety before concluding that her condition was not severe. Although the record includes medical reports dating back to 1994, Leitner amended her alleged onset date to July 16, 2005.

After a review of all relevant medical information the ALJ determined that based on Leitner’s residual functional capacity, she could perform work as a cashier, driver, or flagger. He concluded that Leitner was not disabled.

There was no error. Nothing indicates that the ALJ should have ordered a consultative exam to assess Ms. Leitner’s depression and anxiety. The claimant bears the burden to show that her impairment or their symptoms…