Lusardi

MEMORANDUM ***

Tamara Lusardi (“Lusardi”) appeals the district court’s decision affirming the Commissioner of Social Security’s final decision denying disability insurance benefits to her under Title II of the Social Security Act, 42 U.S.C. § 401 , et seq.

The issues presented on this appeal are: (1) whether the ALJ erred in giving minimal weight to a portion of the opinion of a treating physician; (2) whether the ALJ erred in failing to develop the record regarding Lusardi’s depression and anxiety; (3) whether the ALJ erred in forming his residual functional capacity determination; and (4) whether the ALJ erred in relying on vocational expert testimony. We are not persuaded that Lusardi’s claims of error have merit and find that the ALJ’s decision is supported by substantial evidence.

First, Lusardi specifically challenges the ALJ’s rejection of the opinion of Dr. Zoubek, a treating physician, that Lusardi’s limitations would likely require her to be absent from work three days per month. Although the parties’ briefs do not explain why this level of absenteeism is significant, the vocational expert considered it a critical factor in determining whether Lusardi had the ability…