Joe David Banks v. Richard S. Schweiker, Secretary, Department of Health and Human Services

In this appeal, we consider the scope of official notice in a Social Security Administration hearing (SSA) before an administra tive law judge (ALJ). We hold that although the ALJ might properly take official notice of facts concerning the procedures of an SSA District Office, the claimant, Joe Banks, was not afforded an opportunity to introduce evidence in rebuttal. Consequently, we order the ease to be remanded to the Secretary.

The evidence indicated that while on state welfare, Banks began receiving supplemental security income disability (SSID) benefits in 1976. Thereafter, he applied for social security disability insurance benefits (SSDB). He signed a statement indicating that he understood that he could receive both benefits and knew the effect of SSDB on his SSID. Moreover, he acknowledged that he might receive an SSID overpayment in the first quarter that he would receive SSDB. Banks testified that a social security representative explained this to him, but told him to call when he got the checks and the representative would inform him whether he could keep them or not.

In the second quarter of 1977, Banks received his first SSDB check for $2,604. He also got SSID…