Following final action by the Appeals Council, Plaintiff filed suit in this Court and was successful in obtaining a sentence four remand. Wise v. Comm'r of Social Security, Case No. 2:09-cv-0355 (S.D. Ohio Aug. 4, 2010). After remand, another administrative hearing was held on April 9, 2012, followed by a second unfavorable decision.
Finally, plaintiff argues that the administrative law judge should have secured the assistance of a medical expert to help explain the findings of plaintiff's treating physicians and to aid in determining whether plaintiff's impairments met the criteria of Listing 1.04A. As Hines notes, the primary reason an administrative law judge may obtain a medical expert opinion is to gain information which will help him or her evaluate the medical evidence in a case, and determine whether the claimant is disabled or blind. Wise v. Astrue, 2:09-CV-00355, 2010 WL 3075184 (S.D. Ohio Aug. 4, 2010). The Commissioner's operations manual indicates that it is within the administrative law judge's discretion whether to seek the assistance of a medical expert.
See Foster v. Halter, 279 F.3d 348, 355 (6th Cir. 2001)(and sources cited therein). "An administrative law judge abuses his [or her] discretion only when the testimony of a medical expert is 'required for the discharge of the ALJ's duty to conduct a full inquiry into the claimant's allegations....'" Wise v. Astrue, 2010 WL 3075184 at *2 (S.D. Ohio Aug. 4, 2010)(Marbley, D.J.) (quoting 20 C.F.R. ยง 416.1444; citing Haywood v. Sullivan, 888 F.2d 1463, 1467-68 (5th Cir.1989)). It is unnecessary to determine whether the ALJ abused her discretion by denying Plaintiff's request for a cardiologist medical advisor due to the need for a remand in this case.
The Court finds there was adequate evidence before the ALJ to enable him to determine Plaintiff's RFC without seeking the testimony of a medical expert. Lastly, Plaintiff's reliance upon Wise v. Astrue, No. 2:09-cv-355, 2010 WL 3075184 (S.D.Ohio Aug. 4, 2010), is unavailing. The claimant in Wise suffered from depression.