Friday, November 1, 2013

Wallace v. Bowen case brief

Wallace v. Bowen case brief summary
869 F.2d 187 (1989)

CASE SYNOPSIS
Appellant claimant sought review of the judgment from the United States District Court for the Western District of Pennsylvania, which upheld the decision by appellee Secretary of the Department of Health and Human Services that denied social security disability insurance benefits or supplemental security income benefits to appellant, and granted summary judgment in favor of appellee.

CASE FACTS
Appellee Secretary of the Department of Health and Human Services, after a hearing before an administrative law judge (ALJ) who relied upon the post-hearing reports of two physicians whom appellant did not have the opportunity to cross-examine, and review by the Appeals Council, found appellant claimant not disabled and therefore not entitled to social security disability insurance benefits or to supplemental security income benefits under 42 U.S.C.S. §§ 423, 1382, 1382c(a)(3)(A). The district court affirmed and appellant sought review.

DISCUSSION

  • On appeal, the court vacated the judgment and remanded to the district court with directions to remand to appellee to afford appellant the opportunity to cross-examine the two physicians. 
  • The court determined that the ALJ's reliance upon post-hearing reports without the opportunity for cross-examination denied appellant his statutory right to a decision based on evidence adduced at the hearing. 
  • It was unmistakable that appellee could not rely on post-hearing reports without giving appellant an opportunity to cross-examine the authors of such reports, when such cross-examination was required for a full and true disclosure of the facts.

OUTCOME

The court vacated the summary judgment in favor of appellee Secretary of the Department of Health and Human Services and remanded with directions for remand of the case to appellee to afford appellant claimant, at a minimum, the right to cross-examine physicians who supplied post-hearing reports to administrative law judge regarding claimant's injuries, because appellant should have been afforded an opportunity to comment and present evidence.

Recommended Supplements for Administrative Law Examples & Explanations: Administrative Law, Fourth Edition
Administrative Law and Process: In a Nutshell (Nutshell Series)

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