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· 6/5/1995

Stephen R. VENTURA v. Donna E. SHALALA, Secretary of Health and Human Services. Stephen Ventura, Appellant

Citations

  • 55 F.3d 900
  • 1995 U.S. App. LEXIS 13622
  • 1995 WL 329916

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that “[t]he right to an unbiased ALJ is particularly important because of the active role played by ALJs in social security cases”
  • holding that a plaintiff was entitled to a new hearing before another ALJ in light of the first ALJ’s “coercive” line of questioning
  • finding that ALJ’s “continuous interference” with introduction of evidence regarding claimant’s conditions violated obligation to develop the record “fully and fairly”
  • finding that ALJ exhibited bias because “[t]he ALJ’s questioning of the claimant was coercive and intimidating, and totally irrelevant to whether claimant was disabled.”
  • noting that, by raising the bias issue at the administrative hearing, the plaintiff in that case abided by the procedures set forth in the regulations regarding disqualification of ALJs
  • holding the ALJ was biased due to “offensive and unprofessional conduct”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cowen, Lewis, Sarokin

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.