Watson

MEMORANDUM **

Linda Watson appeals the district court’s summary judgment upholding the Commissioner of Social Security’s denial of her application for a period of disability and disability insurance benefits under Title II of the Social Security Act.

We are persuaded that the ALJ’s decision denying cross-examination was not an abuse of discretion because the ALJ expressly disclaimed reliance on the contested report and relied instead on the overall record and medical evidence. Our conclusion is bolstered by the fact that the ALJ ultimately found the claimant more limited in her abilities than the contested report had. Because the contested report merely corroborated other medical evidence in the record and was not relied upon by the ALJ, we conclude that the doctor responsible for its preparation was not a crucial witness whose cross-examination was necessary for a “full and true disclosure of the facts.” 5 U.S.C. § 556 (d). Accordingly, the ALJ did not abuse his discretion in denying cross-examination, nor did the denial deprive Watson of due process.

Watson argues, however, that without the contested report the ALJ’s preference for her long-time physician’s findings, instead…