Rutkowski v. Astrue, 368 F. App'x 226 (2d Cir. 2010). · Go Syfert
Rutkowski v. Astrue, 368 F. App'x 226 (2d Cir. 2010). Cases Citing This Book View Copy Cite
81 citation events (81 in the last 25 years) across 6 distinct courts.
Strongest positive: Wright v. Commissioner of Social Security (nywd, 2019-10-31)
Treatment trajectory · 2012 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Wright v. Commissioner of Social Security
W.D.N.Y. · 2019 · quote attribution · 1 verbatim quote · confidence high
while the evidence relates to the period before the alj's decision, it does not add so much as to make the alj's decision contrary to the weight of the evidence.
discussed Cited as authority (verbatim quote) Milspaw v. Commissioner of Social Security
W.D.N.Y. · 2019 · quote attribution · 1 verbatim quote · confidence high
while the evidence relates to the period before the alj's decision, it does not add so much as to make the alj's decision contrary to the weight of the evidence.
discussed Cited as authority (rule) Goodson v. Commissioner of Social Security
W.D.N.Y. · 2024 · confidence medium
The Appeals Council, after evaluating the entire record, including the newly- submitted evidence, must “then review the case if it finds that the [ALJ's] action, findings, or conclusion is contrary to the weight of evidence currently of record.” 20 C.F.R. §§ 404.970 (b), 416.1470(b); Rutkowski v. Astrue, 368 F. App'x 226, 229 (2d Cir.2010).
discussed Cited as authority (rule) Ramos v. Commissioner of Social Security
S.D.N.Y. · 2024 · confidence medium
“New and material evidence will not warrant remand if it ‘does not add so much as to make the ALJ's decision contrary to the weight of the evidence.’” Id. (citing Rutkowski v. Astrue, 368 F. App’x 226, 229 (2d Cir. 2010)).
cited Cited as authority (rule) Porteus v. O'Malley
2d Cir. · 2024 · confidence medium
We conclude that Ms. Liz-Reyes’s opinion “does not add so much as to make the ALJ’s decision contrary to the weight of the evidence.” Rutkowski v. Astrue, 368 F. App’x 226, 229 (2d Cir. 2010).
discussed Cited as authority (rule) Kirkwood v. Commissioner of Social Security
W.D.N.Y. · 2023 · confidence medium
When evidence is submitted to the AC, the relevant inquiry is not whether the AC gave sufficient reasons in its notice but whether the new evidence “add[s] so much as to make the ALJ’s decision contrary to the weight of the evidence.” Rutkowski v. Astrue, 368 F. App’x 226, 229 (2d Cir. 2010); see Bushey v. Colvin, 552 F. App’x 97, 98 (2d Cir. 2014) (new evidence “did not alter the weight of evidence so dramatically as to require the Appeals Council to take the case”).
discussed Cited as authority (rule) Serrianni v. Commissioner of Social Security
W.D.N.Y. · 2023 · confidence medium
In other words, a reviewing court must determine whether the submitted evidence “add[s] so much as to make the ALJ’s decision contrary to the weight of the evidence.” Rutkowski v. Astrue, 368 F. App’x 226, 229 (2d Cir. 2010); see Bushey, 552 F. App’x at 98 (new evidence “did not alter the weight of evidence so dramatically as to require the Appeals Council to take the case”).
discussed Cited as authority (rule) Fomby v. Commissioner of Social Security
W.D.N.Y. · 2023 · confidence medium
The Court disagrees. “[T]he Appeals Council, in reviewing a decision based on an application for benefits, will consider new evidence only if (1) the evidence is material, (2) the evidence relates to the period on or before the ALJ’s hearing decision, and (3) the Appeals Council finds that the ALJ’s decision is contrary to the weight of the evidence, including the new evidence.” Rutkowski v. Astrue, 368 F. App’x 226, 229 (2d Cir. 2010) (citing 20 C.F.R. § 416.1470 ).
discussed Cited as authority (rule) Garabedian v. Commissioner of Social Security (2×) also: Cited "see"
W.D.N.Y. · 2023 · confidence medium
In other words, a reviewing court must determine whether the submitted evidence “add[s] so much as to make the ALJ’s decision contrary to the weight of the evidence.” Rutkowski v. Astrue, 368 F. App’x 226, 229 (2d Cir. 2010); see Bushey, 552 F. App’x at 98 (noting that new evidence “did not alter the weight of evidence so dramatically as to require the Appeals Council to take the case”).
discussed Cited as authority (rule) Hernandez v. Commissioner of Social Security
S.D.N.Y. · 2023 · confidence medium
Light work includes “lifting no more than 20 pounds at a time with frequent lifting or carrying of objects weighing up to 10 pounds” and may involve “a good deal of walking or standing, or . . . sitting most of the time with some pushing and pulling of arm or leg controls.” 20 C.F.R. § 416.967 (b); Rutkowski v. Astrue, 368 F. App’x 226, 230 (2d Cir. 2010).
discussed Cited as authority (rule) Toussaint v. Commissioner of Social Security
W.D.N.Y. · 2023 · confidence medium
In other words, the Appeals Council errs in refusing to the denial notice, see 20 C.F.R. §§ 404.967 , 416.1467, 416.1470, 416.1481; and the Second Circuit has recognized that the Appeals Counsel’s “denial of a request for review is analogous to a denial of certiorari” and “does not amount to a consideration on the merits,” Pollard v. Halter, 377 F.3d 183, 192 (2d Cir. 2004). review a decision by the ALJ when the new evidence “add[s] so much as to make the ALJ’s decision contrary to the weight of the evidence,” Rutkowski v. Astrue, 368 Fed.
discussed Cited as authority (rule) Alicea v. Commissioner of Social Security
D. Conn. · 2022 · confidence medium
She asserts that she experiences “foot pain and lower back pain” if she walks “for longer than half hour or walking distance of [a] mile,” and that she received cortisone shots for treatment, which she stopped taking “due to shooting the pain to my knee” [sic].29 But “a court must uphold the ALJ’s rejection of a claimant’s subjective complaints of pain if the ALJ’s findings are supported by substantial evidence,” Rutkowski v. Astrue, 368 F. App’x 226, 230 (2d Cir. 2010), and substantial evidence supports the ALJ’s determination that Plaintiff’s flat feet were a non-…
discussed Cited as authority (rule) Baines v. Commissioner of Social Security
W.D.N.Y. · 2022 · confidence medium
In other words, a reviewing court must determine whether the submitted evidence “add[s] so much as to make the ALJ’s decision contrary to the weight of the evidence.” Rutkowski v. Astrue, 368 F. App’x 226, 229 (2d Cir. 2010); see Bushey, 552 F. App’x at 98 (noting that new evidence “did not alter the weight of evidence so dramatically as to require the Appeals Council to take the case”).
discussed Cited as authority (rule) Al Alian v. Commissioner of Social Security
W.D.N.Y. · 2022 · confidence medium
Plaintiff is correct in stating new and material evidence will not warrant remand if it “does not add so much as to make the ALJ's decision contrary to the weight of the evidence.” Rutkowski v. Astrue, 368 F. App'x 226, 229 (2d Cir.2010).
cited Cited as authority (rule) Moore v. Saul
S.D.N.Y. · 2022 · confidence medium
Rutkowski v. Astrue, 368 Fed.Appx. 226, 229 (2d Cir. 2010).
discussed Cited as authority (rule) Williams Boswell v. Commissioner of Social Security
S.D.N.Y. · 2022 · confidence medium
“In light of the non-adversarial nature of social security proceedings, the ALJ has a duty to investigate and develop the facts and develop the arguments both for and against the granting of benefits.” Rutkowski v. Astrue, 368 F. App’x 226, 229 (2d Cir. 2010) (internal quotation marks omitted); see 42 U.S.C. § 423 (d)(5)(B) (“In making any determination with respect to whether an individual is under a disability or continues to be under a disability, the Commissioner of Social Security shall consider all evidence available in such individual’s case record, and shall develop a comple…
discussed Cited as authority (rule) Gilmore v. Commissioner of Social Security
W.D.N.Y. · 2022 · confidence medium
See also Bushey v. Colvin, 552 F. App’x 97, 98 (2d Cir. 2014) (finding no error where the Appeals Council refused to review the ALJ’s decision where new evidence “did not alter the weight of the evidence so dramatically as to require the Appeals Council to take the case”); Rutkowski v. Astrue, 368 F. App’x 226, 229 (2d Cir. 2010) (affirming the Appeals Council’s refusal to review where claimant’s new evidence did “not add so much as to make the ALJ’s decision contrary to the weight of the evidence.”).
cited Cited as authority (rule) Federico v. Commissioner of Social Security
W.D.N.Y. · 2022 · confidence medium
Rutkowski v. Astrue, 368 F. App’x 226, 229 (2d Cir. 2010) (citing 20 C.F.R. § 416.1470 ); Sharon M. v. Comm’r of Soc.
cited Cited as authority (rule) Cornish v. Commissioner of Social Security
W.D.N.Y. · 2022 · confidence medium
Rutkowski v. Astrue, 368 F. App’x 226, 229 (2d Cir. 2010) (citing 20 C.F.R. § 416.1470 ); Sharon M. v. Comm’r of Soc.
examined Cited as authority (rule) Sanders v. Commissioner of Social Security (3×) also: Cited "see"
W.D.N.Y. · 2022 · confidence medium
In other words, a reviewing court must determine whether the submitted evidence “add[s] so much as to make the ALJ’s decision contrary to the weight of the evidence.” Rutkowski v. Astrue, 368 F. App’x 226, 229 (2d Cir. 2010); see Bushey, 552 F. App’x at 98 (noting that new evidence “did not alter the weight of evidence so dramatically as to require the Appeals Council to take the case”).
discussed Cited as authority (rule) Moses v. Kijakazi
N.D.N.Y. · 2022 · signal: cf. · confidence medium
Aug. 4, 2014); see also Atkinson v. Barnhart, 87 F. App’x 766, 768 (2d Cir. 2004) (summary order) (ordering remand for failure to develop the record where the ALJ neglected to seek medical records from treating physicians identified by claimant); cf. Rutkowski v. Astrue, 368 F. App’x 226, 229 (2d Cir. 2010) (finding that the ALJ discharged his duties to develop the record where he requested documents from various relevant medical sources including treating and primary physicians).
discussed Cited as authority (rule) Whitmore v. Paul
S.D.N.Y. · 2022 · confidence medium
Rutkowski v. Astrue, 368 F. App’x 226, 230 (2d Cir. 2010) (reasoning that credibility was supported by substantial evidence where the ALJ noted inconsistencies in claimant’s testimony, cited to evidence showing that claimant was relatively “mobile and functional,” and concluded that the allegations contradicted the record).
discussed Cited as authority (rule) Miller v. Commissioner of Social Security
W.D.N.Y. · 2022 · confidence medium
In other words, a reviewing court must determine whether the submitted evidence “add[s] so much as to make the ALJ’s decision contrary to the weight of the evidence.” Rutkowski v. Astrue, 368 F. App’x 226, 229 (2d Cir. 2010); see Bushey, 552 F. App’x at 98 (noting that new evidence “did not alter the weight of evidence so dramatically as to require the Appeals Council to take the case”).
cited Cited as authority (rule) Marchese v. Commissioner of Social Security
W.D.N.Y. · 2022 · confidence medium
As such, the new evidence “does not add so much as to make the ALJ's decision contrary to the weight of the evidence.” Rutkowski v. Astrue, 368 F. App'x 226, 229 (2d Cir. 2010).
discussed Cited as authority (rule) Wiles v. Commissioner of Social Security
W.D.N.Y. · 2021 · confidence medium
(Dkt. 12 at 6). “[T]he Appeals Council, in reviewing a decision based on an application for benefits, will consider new evidence only if (1) the evidence is material, (2) the evidence relates to the period on or before the ALJ’s hearing decision, and (3) the Appeals Council finds that the ALJ’s decision is contrary to the weight of the evidence, including the new evidence.” Rutkowski v. Astrue, 368 F. App’x 226, 229 (2d Cir. 2010) (citing 20 C.F.R. § 416.1470 ); see also Graham v. Berryhill, 397 F. Supp. 3d 541 , 557 n.10 (S.D.N.Y. 2019) (when faced with an argument that the Appeals…
discussed Cited as authority (rule) Goodford v. Commissioner of Social Security
W.D.N.Y. · 2021 · confidence medium
The Appeals Council then must evaluate the entire record including the new and material evidence submitted. 20 C.F.R. § 404.970 (a); Rutkowski v. Astrue, 368 F. App’x 226, 229 (2d Cir. 2010) (citing Perez v. Chater, 77 F.3d 41, 44 (2d Cir. 1996)).
discussed Cited as authority (rule) Bell v. Saul
E.D.N.Y · 2021 · confidence medium
An RFC determination specifies the “most [a claimant] can still do despite [the claimant’s] limitations.” 20 C.F.R. § 404.1545 ; Rutkowski v. Astrue, 368 F. App’x 226, 230 (2d Cir. 2010) (“A claimant’s RFC is the most he can do in a work setting despite his physical and mental limitations.” (citing 20 C.F.R. § 404.1545 (a)(1))).
discussed Cited as authority (rule) Delaus v. Commissioner of Social Security
W.D.N.Y. · 2021 · confidence medium
(Id.). “[T]he Appeals Council, in reviewing a decision based on an application for benefits, will consider new evidence only if (1) the evidence is material, (2) the evidence relates to the period on or before the ALJ’s hearing decision, and (3) the Appeals Council finds that the ALJ’s decision is contrary to the weight of the evidence, including the new evidence.” Rutkowski v. Astrue, 368 F. App’x 226, 229 (2d Cir. 2010) (citing 20 C.F.R. § 416.1470 ); see also Graham v. Berryhill, 397 F. Supp. 3d 541 , 557 n.10 (S.D.N.Y. 2019) (when faced with an argument that the Appeals Council …
discussed Cited as authority (rule) Ingraham v. Commissioner of Social Security
W.D.N.Y. · 2021 · confidence medium
In denying Plaintiff’s request for review, the Appeals Council found that there was not a “reasonable probability that [this evidence] would change the outcome of the decision.” (Id.). “[T]he Appeals Council, in reviewing a decision based on an application for benefits, will consider new evidence only if (1) the evidence is material, (2) the evidence relates to the period on or before the ALJ’s hearing decision, and (3) the Appeals Council finds that the ALJ’s decision is contrary to the weight of the evidence, including the new evidence.” Rutkowski v. Astrue, 368 F. App’x 226,…
cited Cited as authority (rule) Dunlap v. Commissioner of Social Security
W.D.N.Y. · 2021 · confidence medium
The relevant inquiry is whether the new evidence “add[s] so much as to make the ALu’s decision contrary to the weight of the evidence.” Rutkowski v. Astrue, 368 F. App’x 226, 229 (2d Cir. 2010).
cited Cited as authority (rule) McClain v. Commissioner of Social Security
W.D.N.Y. · 2021 · confidence medium
Rutkowski v. Astrue, 368 F. App'x 226, 230 (2d Cir. 2010).
discussed Cited as authority (rule) Rourke v. Saul (2×) also: Cited "see"
D. Conn. · 2021 · confidence medium
The Court has reviewed the MCS itself, treatment notes completed by LCSW Sirignano, and the entire record, and finds that LCSW Sirignano’s opinion “does not add so much as to make the ALJ’s decision contrary to the weight of the evidence.” Rutkowski v. Astrue, 368 F. App’x 226, 229 (2d Cir. 2010).
discussed Cited as authority (rule) Stefanescu v. Commissioner of Social Security
E.D.N.Y · 2020 · confidence medium
Finally, the plaintiff argues that the Appeals Council should have considered the records that he submitted to the Council after the ALJ denied benefits. “[T]he Appeals Council . . . will consider new evidence only if (1) the evidence is material, (2) the evidence relates to the period on or before the ALJ’s hearing decision, and (3) the Appeals Council finds that the ALJ’s decision is contrary to the weight of the evidence, including the new evidence.” Rutkowski v. Astrue, 368 F. App’x 226, 229 (2d Cir. 2010) (citing 20 C.F.R. § 416.1470 ).
cited Cited as authority (rule) Gonzalez v. Commissioner of Social Security
W.D.N.Y. · 2020 · confidence medium
The relevant inquiry is whether the new evidence “add[s] so much as to make the ALJ’s decision contrary to the weight of the evidence.” Rutkowski v. Astrue, 368 F. App’x 226, 229 (2d Cir. 2010).
examined Cited as authority (rule) Schneider v. Commissioner of Social Security (3×) also: Cited "see"
W.D.N.Y. · 2020 · confidence medium
Mar. 22, 2018) (citing Rutkowski v. Astrue, 368 F. App’x 226, 229 (2d Cir. 2010)). 23.
cited Cited as authority (rule) Canter v. Berryhill
D. Conn. · 2020 · confidence medium
All of this tends to undermine the reliability of the questionnaire. weight of the evidence.” Rutkowski v. Astrue, 368 Fed.
discussed Cited "see" Joselyn M. v. Commissioner of Social Security
S.D.N.Y. · 2025 · signal: see · confidence high
See Rutkowski v. Astrue, 368 Fed.
discussed Cited "see" Burrow v. Commissioner of Social Security
W.D.N.Y. · 2025 · signal: see · confidence high
“The concept of materiality requires . . . a reasonable possibility that the new evidence would have influenced the [ALJ] to decide claimant’s application differently.” Pollard v. Halter, 377 F.3d 183, 193 (2d Cir. 2004); see Rutkowski v. Astrue, 368 F. App’x 226, 229 (2d Cir. 2010) (Summary Order) (affirming the Appeals Council where the new evidence “d[id] not add so much as to make the ALJ’s decision contrary to the weight of the evidence”).
discussed Cited "see" Castillo v. O'Malley
2d Cir. · 2024 · signal: see · confidence high
See Rutkowski v. Astrue, 368 F. App’x 226, 230 (2d Cir. 2010) (affirming an ALJ’s “credibility finding” in light of “substantial evidence . . . showing that [claimant] was relatively ‘mobile and functional,’ and that [his] allegations of disability contradicted the broader evidence”).
discussed Cited "see" Hoberg v. Commissioner of Social Security
W.D.N.Y. · 2024 · signal: see · confidence high
See Rutkowski v. Astrue, 368 F. App'x 226, 229 (2d Cir. 2010) (holding that the Appeals Council will consider new evidence only if the evidence is material, the evidence relates to the period on or before the ALJ's decision, and the Appeals Council finds that the ALJ's decision is contrary to the weight of the evidence, including the new evidence).
discussed Cited "see" Jordan v. Commissioner of Social Security
W.D.N.Y. · 2024 · signal: see · confidence high
See Rutkowski v. Astrue, 368 F. App’x 226, 229 (2d Cir. 2010) (holding that the Appeals Council will consider new evidence only if the evidence is material, the evidence relates to the period on or before the ALJ’s decision, and the Appeals Council finds that the ALJ’s decision is contrary to the weight of the evidence, including the new evidence); see also Pennetta v. Comm’r of Soc.
discussed Cited "see" Klemons v. Social Security
S.D.N.Y. · 2022 · signal: accord · confidence high
Instead, an ALJ’s decision will be upheld where “the ALJ thoroughly explained his credibility determination and the record evidence permits us to glean the rationale of the ALJ’s decision.” Cichocki v. Astrue, 534 F. App’x 71, 76 (2d Cir. 2013) (summary order); accord Rutkowski v. Astrue, 368 F. App’x 226, 230 (2d Cir. 2010) (summary order) (upholding credibility determination where ALJ identified inconsistencies in testimony and identified substantial evidence in support of his decision).
discussed Cited "see" Rosario v. Commissioner of Social Security
S.D.N.Y. · 2022 · signal: accord · confidence high
Under the law of this Circuit, however, "new evidence submitted to the Appeals Council following the ALJ's decision becomes part of the administrative record for judicial review when the Appeals Council denies review of the ALJ's decision." Perez v. Chater, 77 F.3d 41, 45 (2d Cir. 1996); accord Rutkowski v. Astrue, 368 F. App'x 226, 229-30 (2d Cir. 2010); Wharton v. Berryhill, 2018 WL 5619961 , at *6-7 (S.D.N.Y.
discussed Cited "see" Barrere v. Commissioner of Social Security Administration
E.D.N.Y · 2020 · signal: see · confidence high
See Rutkowski v. Astrue, 368 F. App’x 226, 229 (2d Cir. 2010) (citing 20 C.F.R. § 416.1470 ); see also Bushey v. Colvin, 552 F. App’x 97, 98 (2d Cir. 2014) (holding the new evidence submitted “did not alter the weigh of the evidence so dramatically as to require the Appeals Council to take the case”).
discussed Cited "see" Galley v. Commissioner of Social Security
W.D.N.Y. · 2019 · signal: see · confidence high
See Rutkowski v. Astrue, 368 F. App’x 226, 230 (2d Cir. 2010) (ALJ adequately supported credibility finding when he noted that “substantial -10- evidence existed showing that [plaintiff] was relatively mobile and functional, and that [plaintiffs] allegations of disability contradicted the broader evidence” (quotations omitted)); Thomas v. Colvin, No. 14-CV-6302, 2015 WL 4412873 , at *8 (W.D.N.Y.
discussed Cited "see" Ritter v. Astrue
N.D.N.Y. · 2012 · signal: see · confidence high
It will then review the case if it finds that the administrative law judge’s action, findings, or conclusion is contrary to the weight of the evidence currently of record. 20 C.F.R. § 404.970 (b); see Rutkowski v. Astrue, 368 Fed.Appx. 226, 229 (2d Cir.2010) (“While evidence submitted to the Appeals Council becomes part of the administrative record, the Appeals Council, in reviewing a decision based on an application for benefits, will consider new evidence only if (1) the evidence is material, (2) the evidence relates to the period on or before the ALJ’s hearing decision, and (3) the A…
discussed Cited "see, e.g." Nieves, Jr. v. Commissioner of Social Security
S.D.N.Y. · 2025 · signal: see also · confidence medium
Sept. 1, 2004)(citing Rivera v. Harris, 623 F.2d 212, 216 (2d Cir. 1980)); see also Rutkowski v. Astrue, 368 Fed.
discussed Cited "see, e.g." Lowery v. Commissioner Of Social Security
S.D.N.Y. · 2025 · signal: see also · confidence medium
Sept. 1, 2004)(citing Rivera v. Harris, 623 F.2d 212, 216 (2d Cir. 1980)); see also Rutkowski v. Astrue, 368 Fed.
discussed Cited "see, e.g." Perez v. O'Malley
S.D.N.Y. · 2024 · signal: see also · confidence medium
May 7, 2020)(citation omitted); see also Rutkowski v. Astrue, 368 Fed.
discussed Cited "see, e.g." Peyton v. O'Malley
S.D.N.Y. · 2024 · signal: see also · confidence medium
May 7, 2020)(citation omitted); see also Rutkowski v. Astrue, 368 Fed.
Retrieving the full opinion text from the archive…
Mark RUTKOWSKI, Plaintiff-Appellant,
v.
Michael J. ASTRUE, Commissioner of Social Security, Defendant-Appellee
09-3378-cv.
Court of Appeals for the Second Circuit.
Mar 4, 2010.
368 F. App'x 226
Mark Curley; Law Offices of Mark Cur-ley, Esq.; New York, N.Y. (Mark Schneider; Law Offices of Mark Schneider, Esq.; Plattsburgh, NY, on the brief), for Appellant., Sommattie Ramrup, Special Assistant United States Attorney, New York, N.Y. (Andrew T. Baxter, United States Attorney for the Northern District of New York; Stephen P. Conte, Acting Chief Counsel — Region II, Office of the General Counsel, Social Security Administration, of Counsel, on the brief), for Appellee.
Kearse, Hall, Rakoff.
Cited by 67 opinions  |  Unpublished

SUMMARY ORDER

Plaintiff-Appellant Mark Rutkowski appeals from the district court’s July 23, 2009 order affirming a final determination of the Commissioner of Social Security denying him supplemental security income (“SSI”) benefits. We assume the parties’ familiarity with the facts, procedural history, and specification of issues on appeal.

To be eligible for SSI, a claimant must show an inability “to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve months.” 42 U.S.C. § 1382c(a)(3)(A). The Commissioner is required to perform a five-step sequential analysis to determine whether an individual is disabled for purposes of receiving SSI. See 20 C.F.R. § 416.920. In reviewing a final determination of the Commissioner, courts consider only whether the conclusions made are supported by substantial evidence in the record and whether the correct legal standard was applied. Lamay v. Comm’r of Soc. Sec., 562 F.3d 503, 507 (2d Cir.2009); see also 42 U.S.C. § 405(g).

1. Adequacy of administrative hearings

Rutkowski first argues that he did not receive an adequate administrative hearing because he did not knowingly and voluntarily waive his right to representation, and because the administrative law judge (“ALJ”) failed to develop the record fully.

A. Disclosure requirements

The Commissioner is required to notify claimants in writing of the option to retain an attorney to be present at hearings, and of the availability of free legal services. 42 U.S.C. § 1383(d)(2)(D); see also 20 C.F.R. §§ 404.1705, 404.1706. The ALJ must also ensure, at the hearing itself, that the claimant is aware of these rights. Lamay, 562 F.3d at 507. This Court recently declined to mandate anything more than these statutory and regulatory disclosure requirements. See id. at 507-08.

[*229] To the extent that Rutkowski argues that he did not receive an adequate hearing because he was not aware of his right to be represented, this argument is foreclosed by this Court’s holding in La/may. Id. at 509-10. In addition to numerous other notifications, the Commissioner satisfied all the disclosure requirements in its initial Notice of Disapproved Claim. The ALJ also verbally told Rutkowski of his right to representation and the availability of free legal services during the initial and supplemental hearings. Thus, substantial evidence supports the finding that Rutkow-ski knowingly and voluntarily waived his right to representation.

B. The ALJ’s duty to develop the record

Rutkowski next makes a related argument that the ALJ failed to develop the record fully. In light of the non-adversarial nature of social security proceedings, the ALJ has a “‘duty to investigate and develop the facts and develop the arguments both for and against the granting of benefits.’ ” Butts v. Barnhart, 388 F.3d 377, 386 (2d Cir.2004) (quoting Seavey v. Barnhart, 276 F.3d 1, 8 (1st Cir.2001)). These duties are heightened when a claimant waives his right to representation and proceeds pro se. Cruz v. Sullivan, 912 F.2d 8, 11 (2d Cir.1990).

The record clearly shows that the ALJ discharged his duties to develop the facts and arguments to ensure a proper disposition of the case. In addition to reports from Dr. Krag, who performed surgery on Rutkowski two days after his initial injury, and Dr. Sherman, his primary physician, the ALJ requested records from five other medical sources. The ALJ at two hearings questioned Rutkow-ski in detail about his education, prior work experience, medical history, daily activities and physical limitations. A vocational expert questioned him in more detail about his work experience and the type of work he could do, and the ALJ gave Rut-kowski the opportunity to cross-examine the expert. Thus, the ALJ fulfilled his duty to develop sufficiently the record.

2. Listing of impairments

Rutkowski next argues that substantial evidence does not support the ALJ’s determination that his impairments do not meet the criteria of Listing 1.04 A in 20 C.F.R. pt. 404, subpt. P, app. 1 (disorders of the spine with evidence of nerve root compression). As support for this contention, Rutkowski points to an Essex County Department of Social Services report, which determined that his impairments do in fact meet the criteria of Listing 1.04. Rutkowski, then represented by counsel, submitted the report to the Appeals Council following the adjudication of his claim before the ALJ. While evidence submitted to the Appeals Council becomes part of the administrative record, Perez v. Chater, 77 F.3d 41, 45 (2d Cir.1996), the Appeals Council, in reviewing a decision based on an application for benefits, will consider new evidence only if (1) the evidence is material, (2) the evidence relates to the period on or before the ALJ’s hearing decision, and (3) the Appeals Council finds that the ALJ’s decision is contrary to the weight of the evidence, including the new evidence. 20 C.F.R. § 416.1470.

While the evidence relates to the period before the ALJ’s decision, it does not add so much as to make the ALJ’s decision contrary to the weight of the evidence. The Essex County report is a conclusory one-page document that states little more than that Rutkowski “meets listing 1.04.” The report does not state[*230] which of the three subsections in Listing 1.04 Rutkowski’s impairments satisfy, and does not explain the facts or reasoning that led to this determination. The Appeals Council did not err in refusing to review the decision.

3. Residual functional capacity

Rutkowski next argues that substantial evidence does not support the ALJ’s determination of his residual functional capacity (“RFC”). A claimant’s RFC is the most he can do in a work setting despite his physical and mental limitations. 20 C.F.R. § 404.1545(a)(1). Light work includes lifting no more than 20 pounds or carrying no more than 10 pounds, and may involve “a good deal of walking or standing, or ... sitting most of the time with some pushing and pulling of arm or leg controls.” 20 C.F.R. § 416.967(b).

The ALJ based his RFC determination on “the evidence in the entire record to include the claimant’s own statements and allegations as well as those of the treating and examining physicians.” Substantial evidence exists to support this determination. Following the initial surgery in July 2003, Dr. Krag prescribed a lifting limit of 25 pounds. In November, the doctor raised Rutkowski’s lifting limit to 50 pounds. In March 2004, primary treating physician Dr. Sherman, whose opinion is controlling if it is “well-supported” and “not inconsistent with the other substantial evidence,” 20 C.F.R. § 416.927(d)(2), indicated that Rutkowski was fit to perform light work. Another examination by a consulting physician in April 2004 shows that he had relatively good mobility, full hand and finger dexterity, full spinal flexion, and full range of motion of shoulders, arms, hips, knees, and ankles. Combined, this body of evidence substantially supports the ALJ’s RFC determination.

4. The ALJ’s credibility finding

Rutkowski next contends that substantial evidence does not support the ALJ’s finding that he was “not totally credible.” The ALJ is entitled to find a claimant not credible if his testimony contradicts the record. Aponte v. Sec’y, Dep’t of Health & Human Servs., 728 F.2d 588, 591-92 (2d Cir.1984). A court must uphold the ALJ’s rejection of a claimant’s subjective complaints of pain “[i]f the [ALJ’s] findings are supported by substantial evidence.” Id. at 591.

In finding Rutkowski less than credible, the ALJ noted inconsistencies between allegations made before the hearing and his testimony at the initial administrative hearing. He also noted that substantial evidence existed showing that Rutkowski was relatively “mobile and functional,” and that Rutkowski’s allegations of disability contradicted the broader evidence. The ALJ thus adequately supported his credibility finding.

We have considered Rutkowski’s remaining arguments on appeal and find them to be without merit. Accordingly, the judgment of the district court is AFFIRMED.