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Plaintiff Burnette Yancey appeals from a judgment and order entered in the United States District Court for the District of Connecticut (Dorsey, C.J.). The order and judgment adopted the magistrate judge's recommended ruling affirming the decision of the Commissioner of Social Security that Yancey was not under a disability as defined in the Social Security Act, 42 U.S.C. § 301 et seq., as amended. The district court found that the decision of the Administrative Law Judge ("ALJ") was supported by substantial evidence and that (1) the ALJ did not abuse his discretion in refusing to subpoena Yancey's treating physician to testify at the administrative hearing and (2) the ALJ did not err in failing to refer Yancey for either a psychiatric or psychological evaluation.

For the reasons that follow, we affirm.


145 F.3d 106 (1998)

Burnette YANCEY, Plaintiff-Appellant,


Kenneth S. APFEL, Commissioner of Social Security[*] Defendant-Appellee.

Docket No. 97-6103.

United States Court of Appeals, Second Circuit.

Argued November 7, 1997.

Decided May 22, 1998.

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