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
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
- Minnie Gold v. The Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1972
- Domingo Echevarria v. Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1982
- Willie H. Hankerson v. Patricia Harris, Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1980
- Laura Fernandez v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1981
3Cited by18 opinions
- Juana DIAZ, Plaintiff-Appellee, v. Donna SHALALA, Secretary of the Department of Health & Human Services, Defendant-AppellantCourt of Appeals for the Second Circuit · 1995
- Gecevic v. Secretary of Health and Human ServicesDistrict Court, E.D. New York · 1995
- Banks v. ASTUREDistrict Court, District of Columbia · 2008
- Stieberger v. SullivanDistrict Court, S.D. New York · 1990
- Devora v. BarnhartDistrict Court, S.D. New York · 2002
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