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

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 supplemental security income benefits based on a chronic back injury was denied. In reaching his ultimate finding of nondisability, the administrative law judge [“ALJ”] initially considered five medical opinions. Three orthopedic surgeons and a neurologist found that Solis was temporarily totally disabled, but disagreed as to how long the disability would continue. Solis’ treating physician, an orthopedic surgeon, considered Solis permanently disabled — unable then or in the future to return to any kind of gainful employment.

Apparently to resolve an open question in his mind, the ALJ sought an additional medical report…