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Administrative Law Keyed to Popper
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 a claim for disability insurance benefits after sustaining a back injury at work. He underwent surgery performed by Dr. Munslow, but no disc protrusion was found. After continued complaints, Perales consulted Dr. Morales, who diagnosed him with a back sprain. The state agency arranged for examinations by several specialists, including Dr. Langston (orthopedist), Dr. Bailey (psychiatrist), and Dr. Mattson (for electromyography), whose reports generally indicated mild impairment and suggested psychological factors. At the hearing, Perales and Dr. Morales testified about his disability, while the government presented the written reports of the examining physicians and testimony from Dr. Leavitt, a medical adviser who had not examined Perales. The hearing examiner denied benefits, finding Perales had only a mild impairment that did not prevent substantial gainful activity. Perales objected to the admission of the written reports, arguing they constituted hearsay evidence and denied him the right to cross-examination.
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