context: In support of his argument that this statutory entitlement vests the claimant with the rights of procedural due process commonly associated with requirements of notice and an opportunity to be heard, including cross-examination, Wallace points to decisions of other courts of appeals that have held that reliance on post-hearing physicians' reports was improper.
citation_a.signal: see
citation_a.identifier: 609 F.2d 649, 950
citation_a.parenthetical: AU's "substantial reliance" on post-hearing report without giving claimant an opportunity for cross-examination or rebuttal denied her due process
citation_a.sentence: See Lonzollo v. Weinberger, 534 F.2d 712 (7th Cir.1976) (claimant’s right under 42 U.S.C. § 405(b) to decision based on evidence adduced at hearing was not satisfied where Appeals Council partially based its decision on post-hearing evidence, notwithstanding claimant’s opportunity to submit additional evidence or written comments); Gullo v. Califano, 609 F.2d 649, 950 (2d Cir.1979) (per curiam) (AU’s “substantial reliance” on post-hearing report without giving claimant an opportunity for cross-examination or rebuttal denied her due process); Townley v. Heckler, 748 F.2d 109, 114 (2d Cir.1984) (same); see also Allison v. Heckler, 711 F.2d 145, 147 (10th Cir.1983) (ALJ’s use of post-hearing report both violated claimant’s due process rights and exceeded Secretary’s statutory authority under section 405(b)(1)); Cowart v. Schweiker, 662 F.2d 731 (11th Cir.1981) (citing with approval both Gullo and Lonzollo); cf. Dorman v. Harris, 633 F.2d 1035, 1039 (2d Cir.1980) (where additional evidence in overpayment proceeding became available after the hearing, AU should have reopened the hearing).
citation_b.signal: cf.
citation_b.identifier: 633 F.2d 1035, 1039
citation_b.parenthetical: where additional evidence in overpayment proceeding became available after the hearing, AU should have reopened the hearing
citation_b.sentence: See Lonzollo v. Weinberger, 534 F.2d 712 (7th Cir.1976) (claimant’s right under 42 U.S.C. § 405(b) to decision based on evidence adduced at hearing was not satisfied where Appeals Council partially based its decision on post-hearing evidence, notwithstanding claimant’s opportunity to submit additional evidence or written comments); Gullo v. Califano, 609 F.2d 649, 950 (2d Cir.1979) (per curiam) (AU’s “substantial reliance” on post-hearing report without giving claimant an opportunity for cross-examination or rebuttal denied her due process); Townley v. Heckler, 748 F.2d 109, 114 (2d Cir.1984) (same); see also Allison v. Heckler, 711 F.2d 145, 147 (10th Cir.1983) (ALJ’s use of post-hearing report both violated claimant’s due process rights and exceeded Secretary’s statutory authority under section 405(b)(1)); Cowart v. Schweiker, 662 F.2d 731 (11th Cir.1981) (citing with approval both Gullo and Lonzollo); cf. Dorman v. Harris, 633 F.2d 1035, 1039 (2d Cir.1980) (where additional evidence in overpayment proceeding became available after the hearing, AU should have reopened the hearing).