· 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 CourtListenerSourced 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.