Legal Opinion

Ann CULLINANE, Plaintiff-Appellant, v. SECRETARY OF the DEPARTMENT OF HEALTH AND HUMAN SERVICES OF the UNITED STATES, Defendant-Appellee

Court of Appeals for the Second Circuit

Decided February 15, 1984No. 643, Docket 83-6136PublishedCited by 18 opinions

1Opinion of the Court

IRVING R. KAUFMAN, Circuit Judge:

An Administrative Law Judge (hereinafter “ALJ”) has an affirmative duty to ensure that pro se disability insurance benefit claimants receive full and fair hearings. Gold v. Secretary of Health, Education & Welfare, 463 F.2d 38 (2d Cir.1972). We are presented here with a case in which an ALJ failed to heed appellant’s objections to the judge’s reliance on a letter' written by an oral surgeon against whom she had filed a malpractice suit. Because this claimant had the right, at the very least, to be informed of her opportunity to cross-examine the oral surgeon…

2Cases cited4 opinions

  1. Minnie Gold v. The Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1972
  2. Domingo Echevarria v. Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1982
  3. Willie H. Hankerson v. Patricia Harris, Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1980
  4. Laura Fernandez v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1981

3Cited by18 opinions

  1. Juana DIAZ, Plaintiff-Appellee, v. Donna SHALALA, Secretary of the Department of Health & Human Services, Defendant-AppellantCourt of Appeals for the Second Circuit · 1995
  2. Gecevic v. Secretary of Health and Human ServicesDistrict Court, E.D. New York · 1995
  3. Banks v. ASTUREDistrict Court, District of Columbia · 2008
  4. Stieberger v. SullivanDistrict Court, S.D. New York · 1990
  5. Devora v. BarnhartDistrict Court, S.D. New York · 2002

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