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Administrative Law Keyed to Koch
Richardson v. Perales
Citation:
402 U.S. 389, 91 S.Ct. 1420 (1971)Facts
In 1966, Pedro Perales, a 34-year-old truck driver, filed for disability benefits after sustaining a back injury at work. He underwent surgery by Dr. Munslow, who found no disc protrusion but diagnosed “nerve root compression syndrome.” After continued complaints, Perales consulted Dr. Morales, who diagnosed “back sprain, lumbo-sacral spine.” The state agency obtained reports from several specialists who examined Perales, including Dr. Langston (orthopedic surgeon), Dr. Bailey (psychiatrist), and Dr. Mattson (electromyography). These reports suggested Perales was exaggerating his symptoms and could return to work. At the hearing, Perales and Dr. Morales testified about his disability, while the agency presented the written reports and testimony from Dr. Leavitt, a medical adviser who had not examined Perales. The hearing examiner denied benefits, relying on the written medical reports and Dr. Leavitt’s testimony.
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