To: ALJ Tielens
The United States Supreme Court has long ago stated
that
Social Security Disability Hearings
must remain non-adversarial and
claimant must be given
wide latitude to present evidence.
Richardson v. Perales, 402 U.S. 389 (1971), Mathews v. Elrdidge 424 US 319 (1976)
The United States Supreme Court has also ordered that claimant be given full opportunity to present evidence, conduct cross-examination of all witnesses and challenge any fact at issue before the decision maker. Goldberg v. Kelly, 397 U.S. 254 (1970)
"The fundamental requisite of due process of law is the opportunity to be heard." Grannis v. Ordean, 234 U.S. 385, 394 (1914).
The hearing must be "at a meaningful time and in a meaningful manner." Armstrong v. Manzo, 380 U.S. 545, 552 (1965) … these principles require that a recipient have timely and adequate notice detailing the reasons for a [397 U.S. 254, 268] proposed termination, and an effective opportunity to defend by confronting any adverse witnesses and by presenting his own arguments and evidence orally.
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Claimant and/or Claimant’s Representative must be permitted to cross examine the Vocational Expert regarding the facts upon which the VE bases the vocational opinions
At Step Five the Social Security Administration is “responsible for providing evidence that other work exists in significant numbers in the national economy that you can do…”
Claimant and claimant’s representative is to be given wide latitude in the cross examination of witnesses, especially as the questions seek information regarding facts that are at issue and facts which the Social Security Administration must prove:
What is a “significant number (of the job you mentioned)
in the national economy“
and how is that number reached in your professional opinion.