Jazvin v. Colvin, 659 F. App'x 487

Belma Jazvin, a Bosnian refugee, worked until 2011 and applied for Social Security disability (DIB/SSI) after losing her job and failing to find new employment.
She claimed disability from schizophrenia and medication side effects (dizziness, torticollis/dystonia, diplopia/vision problems, oculogyrate crisis), alleging these limited her ability to work.
The ALJ found three severe impairments (schizophrenia, right-eye diplopia, dizziness) but assessed an RFC for limited light work (restrictions on lifting, climbing, heights/hazardous equipment, binocular vision, complex instructions, and public interaction).
The ALJ relied on medical records, a function report completed by Jazvin, an agency psychologist’s opinion, lay-witness testimony, and vocational expert testimony that she could perform past work as an assembler and other jobs.
The ALJ denied benefits; the appeals council denied review and the district court affirmed. The Tenth Circuit affirmed on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether ALJ was required to order a consultative examination	Jazvin: record established need for consultative exam to evaluate how mental and medication side effects affected work ability	Commissioner: existing medical records, agency psychological review, testimony, and function report provided sufficient information; no clear need for consultative exam	Court: No consultative exam required—record was adequate and no conflict/inconclusive evidence or need for further testing was shown
Whether ALJ’s questioning at hearing adequately developed the record	Jazvin: ALJ failed to inquire sufficiently into symptoms, treatment, and functional limits	Commissioner: ALJ asked about symptoms, medications, side effects, daily activities; record supplemented by other evidence and claimant’s counsel did not seek more evidence	Court: ALJ’s inquiry was sufficient when viewed with the full record; no remand warranted

Wall v. Astrue, 561 F.3d 1048 (10th Cir. 2009) (summarizes five-step disability evaluation process)
Maes v. Astrue, 522 F.3d 1093 (10th Cir. 2008) (claimant bears burden to prove disability; counsel’s representation and record completeness considerations)
Hawkins v. Chater, 113 F.3d 1162 (10th Cir. 1997) (ALJ’s duty to develop record and when consultative exams are required)
Cowan v. Astrue, 552 F.3d 1182 (10th Cir. 2008) (no consultative exam needed if evidence sufficient to make determination)
Thompson v. Sullivan, 987 F.2d 1482 (10th Cir. 1993) (consultative exam required where medical evidence was inconclusive and hearing record inadequate)
Musgrave v. Sullivan, 966 F.2d 1371 (10th Cir. 1992) (ALJ need not pursue every possible line of questioning; must develop sufficient inquiry into impairments and functional effects)
Glass v. Shalala, 43 F.3d 1392 (10th Cir. 1994) (ALJ’s questioning sufficiency assessed in context of entire record)
Chapo v. Astrue, 682 F.3d 1285 (10th Cir. 2012) (ALJ may give little or no weight to conclusory Med-9 forms lacking functional findings)