The opinion of the court was delivered by: VICTOR B. Kenton United States Magistrate Judge
MEMORANDUM OPINION AND ORDER
This matter is before the Court for review of the decision by the Commissioner of Social Security denying Plaintiff's application for disability benefits. Pursuant to 28 U.S.C. §636(c), the parties have consented that the case may be handled by the Magistrate Judge. The action arises under 42 U.S.C. §405(g), which authorizes the Court to enter judgment upon the pleadings and transcript of the record before the Commissioner. The parties have filed the Joint Stipulation ("JS"), and the Commissioner has filed the certified Administrative Record ("AR").
Plaintiff raises the following issues:*fn1
1. Whether the Administrative Law Judge ("ALJ") properly considered the treating physician's opinion;
2. Whether the ALJ properly rated Plaintiff's mental impairment;
3. Whether the ALJ properly developed the record; and 4. Whether the ALJ posed a complete hypothetical question to the vocational expert ("VE").
This Memorandum Opinion will constitute the Court's findings of fact and conclusions of law. After reviewing the matter, the Court concludes that the decision of the Commissioner must be affirmed.
THERE IS NO ERROR IN THE RECORD CONCERNING THE ISSUE OF MENTAL IMPAIRMENT
In his first issue, Plaintiff asserts that his treating physician, Dr. Boutros, noted the word "depression" in an Adult Progress Note dated November 13, 2006. (AR 221.) Plaintiff complains that the ALJ failed to discuss this notation.
In his second issue, Plaintiff asserts that the ALJ erred by failing to discuss Plaintiff's assertion in a "Disability Report -Appeal" that, "I don't work and I stay home all the time. I'm a little depressed." (AR 178.)*fn2 Plaintiff then noted that he takes the medication Elavil as a sleep aid, that it has helped his mood and, that he is "not depressed like I was before." (AR 30.)
In Plaintiff's third issue, he asserts that the ALJ failed to properly develop the record based on Plaintiff's belief that he has depression. Plaintiff asserts that this evidence demonstrates that he has a colorable mental condition.
Finally, Plaintiff asserts that in failing to include any mental limitations in the hypothetical question to ...