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SSA & VA Federal Appeals
- Court of Appeals for Veterans Claims Brief: BVA Denial of Servie Connection (Brief 1, p 8)
- Court of Appeals for Veterans Claims Brief: BVA Denial of Servie Connection (Brief 1, p 7)
- Court of Appeals for Veterans Claims Brief: BVA Denial of Servie Connection (Brief 1, p 6)
- Court of Appeals for Veterans Claims Brief: BVA Denial of Servie Connection (Brief 1, p 5)
- Court of Appeals for Veterans Claims Brief: BVA Denial of Servie Connection (Brief 1, p 4)
Federal Social Security Brief: Appeals Council Disability Denial (Brief 1, p 11)
Disabilities: Arthritis, Diabetes, and Hypertension
Federal Social Security Brief: Appeals Council Disability Denial
Federal Magistrate Judge: Frank J. Lynch, Jr.
United States District Court: Eleventh Circut, Southern District of Florida
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In Leik v. Barnhart, 296 F.Supp.2d 1345 (M.D.Fla. 2003), the ALJ denied the claimant's request to cross-examine two nonexamining physicians and then preceded to rely upon the post-hearing responses to interrogatories sent to these experts in determining that the claimant did not meet or equal a listing and in assessing his RFC. The court held that the claimant was entitled to cross-examine those physicians.
In this case also the ALJ violated the claimant's due process rights by not permitting the cross-examination of the post-hearing physician upon whose report the ALJ substantially relied upon in reaching his decision. Dr. Rabinowitz examined Claimant post-Hearing (the Hearing was held on May 7, 2007) on July 13, 2007, and submitted his report post-Hearing.
The ALJ, in his Decision, stated "I will give great weight to the opinion of Dr. Rabinowitz because it is supported by his findings on examination." (T22).
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