Facts and Background
In 1966 Pedro Perales, a San Antonio truck driver, then aged 34, height 5' 11", weight about 220 pounds, filed a claim for disability insurance benefits under the Social Security Act. Judicial review, as noted in the statute relates, "The findings of the Secretary as to any fact, if supported by substantial evidence, shall be conclusive . . . ."
Pedro Perales had claimed he had received a back injury by lifting an object at work. Some of his doctors were unable to find an objective neurological explanation for his continuing pain. His doctors' medical reports were submitted to the state Division of Disability Determination, which ordered a consultative examination, which was unfavorable to him. At an agency hearing, the Division had called an independent "medical advisor", Dr. Leavitt to assess the medical reports from Mr. Perales' doctors. Dr. Leavitt did not examine Perales but stated that the consensus of the medical reports was that Perales had suffered an impairment of only mild severity. The Division denied Perales' claim for disability benefits.
The issue here is whether physicians' written reports of medical examinations they have made of a disability claimant may constitute "substantial evidence" supportive of a finding of nondisability, within the 205 (g) standard, when the claimant objects to the admissibility of those reports and when the only live testimony is presented by his side and is contrary to the reports. Perales injured his back and subsequently had lumbar spinal surgery. He was deemed to have had a successful result by his physician and others who reviewed his case. Perales contended the surgery had been unsuccessful, in that he was unable to return to work. He presented an opinion from a physician confirming the belief that he was unemployable. Despite this, the administrative hearing found that he was not eligible for Social Security Disability. Perales did not subpoena the doctors who had written unfavorable reports and cross examine them in the course of his hearing, despite having the opportunity to do so. Later, he claimed this failure, on his part had denied him of a fair hearing, and hence claimed a violation of his constitutional right to due process.
Read more about this topic: Richardson V. Perales
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