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Toni Martise v. Michael J. Astrue, Commissioner of Social Security

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Submitted: January 13, 2011

Before WOLLMAN, LOKEN, and SMITH, Circuit Judges.

Toni L. Martise appeals the district court’s*fn1 judgment upholding the Commissioner of Social Security’s denial of her application for disability insurance benefits. Martise argues that this court should reverse the administrative law judge’s (ALJ) denial of benefits because the ALJ (1) violated Martise’s due process rights by failing to proffer a letter that he sent to Martise’s treating psychiatrist prior to his decision denying benefits, (2) erroneously determined Martise’s residual functional capacity (RFC), (3) failed to develop the record regarding Martise’s mental impairment, and (4) erred in his hypothetical question to the vocational expert (VE). We affirm.

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