DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
064103P.pdf 01/07/2008 Cloyd Hepp v. Michael J. Astrue
U.S. Court of Appeals Case No: 06-4103
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Gruender, Author, with Colloton and Beam, Circuit Judges]
Civil case - Social Security. Claimant did not exercise his procedural
rights under 20 C.F.R. Sec. 404.1519j to challenge the objectivity of the
consultative examiner, and the ALJ did not violate claimant's due process
rights by denying such a challenge on cross-examination; due process
under the Fifth Amendment does not require in-person cross-examination
in social security disability proceedings, and the ALJ did not violate
claimant's due process rights by refusing to require the consultative
expert to appear in person; decision to deny benefits was supported by
substantial evidence; district court did not err in refusing to remand case
to the Commissioner for consideration of additional medical evidence.