Miksch

MEMORANDUM **

Plaintiff Frank S. Miksch applied for and was denied supplemental security income and disability benefits. He challenged the Social Security Administration’s (“SSA”) decision by requesting an administrative hearing. The Administrative Law Judge (“ALJ”) determined that Miksch “has a severe impairment of the musculo-skeletal system (cervical spine),” but found that he had “the residual functional capacity to perform sedentary work with a sit/ stand option,” and denied his application for benefits. The Social Security Administration Appeals Council denied Plaintiffs *633 request for review, and he filed an action against the Commissioner of Social Security (“Commissioner”) in United States District Court. The district court affirmed the Commissioner’s denial of benefits.

On appeal, Plaintiff argues 1 that: (1) the ALJ committed legal error in rejecting the conclusion of Miksch’s treating physician without providing a reason for doing so; (2) the ALJ committed legal error by relying on the conclusions of the Commissioner’s consultative examiner with respect to Miksch’s functional capabilities; (3) the ALJ erroneously placed the burden of obtaining medical records on…