Richardson v. Perales

United States Supreme Court

402 U.S. 389

Richardson, Secretary of Health, Education, and Welfare  v.  Perales

Certiorari to the United States Court of Appeals for the Fifth Circuit

No. 108.  Argued: January 13, 1971 --- Decided: May 3, 1971

Written reports by physicians who have examined claimant for disability insurance benefits under Social Security Act constitute "substantial evidence" supporting a nondisability finding within the standard of § 205 (g) of the Act, notwithstanding the reports' hearsay character, the absence of cross-examination (through claimant's failure to exercise his subpoena rights), and the directly opposing testimony by the claimant and his medical witness; and procedure followed under Act does not violate due process requirements. Pp. 399-410.

412 F. 2d 44 and 416 F. 2d 1250, reversed and remanded.

BLACKMUN, J., delivered the opinion of the Court, in which BURGER, C.J., and HARLAN, STEWART, WHITE, and MARSHALL, JJ., joined. DOUGLAS, J., filed a dissenting opinion, in which BLACK and BRENNAN, J., joined, post, p. 411.

Deputy Solicitor General Friedman argued the cause for petitioner. With him on the briefs were Solicitor General Griswold, Assistant Attorney General Ruckelshaus, Assistant Attorney General Gray, Lawrence G. Wallace, Kathryn H. Baldwin, and Michael C. Farrar.

Richard Tinsman, by appointment of the Court, 398 U.S. 902, argued the cause and filed a brief for respondent.

Briefs of amici curiae were filed by Franklin M. Schultz and John T. Miller, Jr., for the American Bar Association; by Frank P. Christian, Harry B. Adams III, and Melvin N. Eichelbaum for the Bexar County Legal Aid Association; and by Jonathan Weiss for the Appalachian Research and Defense Fund et al.

Notes