(g)
challenging a final decision of the Commissioner of the Social
Security Administration denying Joseph LeMay's application for
disability insurance benefits. But LeMay's counseled Motion for
Reversal of the Commissioner's Decision presents no developed
argument in support of the relief sought therein. Indeed, the
motion does nothing more than present a chart outlining the
medical evidence and follow that presentation with the following
two statements: "We believe the ALJ erred by ignoring the weight
of the evidence of Mr. LeMay's chronic painful condition. In the
alternative with Mr. LeMay's first complaint coming at age
twenty-nine we suggest that he be compared to listing 12.07, 3[.]
[sic]."
I construe counsel's first statement as setting forth an
argument that the record lacks substantial evidence supporting
the ALJ's decision that LeMay's chronic back pain is not
disabling. The argument is meritless. The record reveals that
LeMay is not taking any pain medications, has never had surgery
on his back, and has refused a referral to a surgeon in Nashua
because he did not want to go to Nashua. While LeMay explains
his failure to take pain medications by stating that "[n]othing
works," the record as a whole suggests that LeMay has not come
close to exhausting his options for treating his back pain. The
ALJ thus acted within his discretion in inferring that LeMay's
back pain is not disabling.
Construing counsel's second statement as setting forth an
argument that LeMay has a mental disorder described by mental
disorder listing 12.07 (covering somatoform disorders), I reject
the argument because LeMay failed to present this claim to the
Commissioner, and, in any event, there is no record evidence that
LeMay suffers from such a disorder.
- 2 -
The Commissioner's Motion for Order Affirming the Decision
of the Commissioner (Doc. No. 7) is granted and LeMay's Motion
for Reversal of the Commissioner's Decision (Doc. No. 5) is
denied.
The Clerk shall enter judgment accordingly.
SO ORDERED.
Paul Barbadoro
Chief Judge
January 25, 2002
cc: Robert E. Raiche, Sr., Esq.
David L. Broderick, Esq.
- 3 -
