- DISABILITY CLAIM FAQ
The Social Security regulations, and HALLEX rules for Administrative Law Judges (“ALJs”), allow claimants to request subpoenas for the appearance of witnesses or documents. New York courts have repeatedly recognized the right of a claimant to subpoena and cross-examine witnesses who submit reports adverse to the disability claim, especially when ALJs substantially rely on the report.
The courts have held that an ALJ abuses his discretion, and cannot rely upon the opinion of a consultative examiner (“CE”) if it was unclear if a CE reviewed the treating doctor’s reports, or if the reliability of the CE’s report is sufficiently controversial to merit cross-examination. I recently invoked a claimant’s right to subpoena a CE for cross examination because her opinion was contradicted by six other doctors, and the reliability of the CE’s aberrant and vague report was questionable, especially in light of her medical license revocation and incarceration for felonious fraud. The CE needed to be cross examined about her review of the treating doctor reports, and her qualifications for evaluating them.
The ALJ issued a fully favorable decision today, which failed to address the subpoena. Had the ALJ denied the claimant’s disability application, then the failure to issue the subpoena, let alone address the subpoena request, would have provided automatic grounds for a remand.Previous Next
DISCLAIMER This website provides general information on disability law topics as a public service. Information is intended to be as accurate and current as possible, but should not be relied on as legal advice. No attorney/client relationship is created by viewing or using the content on this website. Each legal problem is different, and past performance does not guarantee future results. You should not act on any of the information contained in this site without first consulting legal counsel, which is why readers are advised to seek experienced legal representation in connection with disability related issues. Our Internet links are not associated with us, and we do not guarantee the accuracy of, any information contained in any link. Past performance doesn’t guarantee future results.
Copyright © 2021, Law Offices of Jeffrey Delott
Site Powered By: WebDesignYou