Barrett v. Berryhill, No. 17-41177 (5th Cir. 2018)Annotate this Case
A social security disability claimant does not have an absolute right to question medical consultants. The Fifth Circuit affirmed the denial of disability benefits to plaintiff, holding that disability claimants' interest in accurate disability decisions was adequately protected by the qualified right to question medical consultants they already enjoyed. The type of case-by-case assessment of need was common for procedural issues in disability cases. In this case, the ALJ did not abuse his discretion by refusing to issue the subpoena or interrogatories at issue. Accordingly, the court affirmed the denial of benefits.
The court issued a subsequent related opinion or order on October 16, 2018.