Keller v. Sullivan

FAIRCHILD, Senior Circuit Judge.

Gilbert Keller applied for social security disability benefits. After a hearing, the AU found him disabled, although he reserved for later investigation a suggestion that Keller might actually be engaging in substantial gainful activity. The Appeals Council remanded and directed the AU to obtain certain investigative reports and to resolve all issues. The AU obtained the material referred to, supplying copies to Keller’s counsel for comment, but did not hold a second hearing, deeming the hearing waived. He found that Mr. Keller had been working as a bartender…