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Dore v. Barnhart
Citation: 88 F. App'x 469Docket: No. 03-6099
Court: Court of Appeals for the Second Circuit; March 2, 2004; Federal Appellate Court
Regina Dore appeals the judgment from the United States District Court for the Southern District of New York, which upheld the denial of her Social Security Disability benefits by the Social Security Commissioner. The appellate court reviews the administrative record de novo to assess whether substantial evidence supports the Commissioner's decision and whether the correct legal standards were applied. Dore argues that the Administrative Law Judge (ALJ) improperly dismissed the opinion of her treating physician, Dr. Avraham Henoch. However, the court agrees with the District Court that the ALJ was justified in not giving Dr. Henoch's opinion controlling weight, citing that treating physician opinions, while deserving respect, can be disregarded if contradicted by substantial evidence. Dore also claims the ALJ abused discretion by denying a subpoena request for Dr. Teresella Gondolo, a neurologist who evaluated her in 1997. The court concurs with the District Court's conclusion that the ALJ acted within discretion, as Dore was not denied a fair opportunity to present her case, and there was no indication of bias or inaccuracies in the physician's reports that would warrant the subpoena. The court finds Dore's other arguments unmeritorious, leading to the affirmation of the District Court's judgment.