Bello

MEMORANDUM **

Axel Bello appeals from the district court’s order affirming the Administrative Law Judge’s (“ALJ”) denial of disability insurance benefits and supplemental security income. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse and remand for further proceedings.

Relying on the opinion of examining physician Dr. Keith Cunningham, the ALJ concluded that despite several “severe” physical impairments, Bello can sit for six hours in an eight-hour workday and stand for at least two hours in an eight-hour workday, and therefore can perform past relevant work as an office collections worker or paralegal. Dr. Cunningham, however, formed his opinion without the benefit of Bello’s medical history file, and erroneously believed that Bello had no history of diabetic neuropathy. In an effort to confront Dr. Cunningham about the basis and content of his opinion, Bello filed a motion to subpoena the physician for cross-examination, but the ALJ denied Bello’s request.

A claimant in a disability hearing is entitled to “such cross-examination as may be required for a full and true disclosure of the facts.” 5 U.S.C. § 556 (d). Procedural due process requires that a…