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Administrative Law Keyed to Schwartz
Rosa v. Bowen
Citation:
677 F. Supp. 782 (1988)Facts
Mirta Rosa, a fifty-year-old woman who had moved from Puerto Rico to New Jersey in 1958, worked steadily until August 12, 1982, when she was hospitalized with rectal bleeding, abdominal cramps, and weakness. She was diagnosed with ulcerative colitis and uncontrolled diabetes mellitus and had not returned to work since that time. After her application for disability benefits was initially denied, the case was remanded for a hearing before an ALJ. During the September 5, 1986 hearing, which lasted less than an hour, the ALJ repeatedly denied the attorney’s procedural requests, including requests for subpoenas and to make an opening statement. The ALJ rushed the proceedings, giving the attorney arbitrary time limits, comparing the plaintiff’s condition to his own mother’s illnesses, offering medical opinions, and attempting to negotiate a later disability onset date to expedite the hearing. The ALJ’s conduct demonstrated impatience, condescension, and a preoccupation with finishing quickly rather than developing a full and fair record.
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