Arnold N. Solis v. Richard S. Schweiker, Secretary, Health and Human Services

NELSON, Circuit Judge:

The issue in this case is the extent to which a disability claimant is entitled to cross-examine a physician whose written report of medical findings supports a finding of nondisability. We hold that where the physician is a crucial witness whose findings substantially contradict the other medical testimony, and when as in this case interrogatories are an inadequate substitute for cross-examination, the claimant has been denied procedural due process if his request to subpoena the physician is not granted.

Appellant Solis’ application for disability insurance and…