Davis v. Berryhill

1 Citing case

  1. Flaherty v. Saul

    Case No. 1:17-cv-06463-FB (E.D.N.Y. Aug. 8, 2019)

    Although no medical records of an inflamed vagus nerve are in the record (and neither party mentioned it in their briefs), the ALJ should consider developing the record to see if there exist medical evidence supporting this testimony. See Shaw v. Chater, 221 F.3d 126, 131 (2d Cir. 2010) ("The ALJ has an obligation to develop the record"); Davis v. Berryhill, No. 17-CV-4883 (FB), 2019 WL 1428371, at *4 (E.D.N.Y. Mar. 29, 2019) (remanding when the ALJ failed to develop the record based on a claimant's testimony that he needs to elevate his legs when sitting). B. Symptoms and Subjective Complaints