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In Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 842 (1971), the Supreme Court, in considering the hearing and review procedures under the Social Security Act, 'accept[ed] the proposition[ ] ... that procedural due process is applicable to the adjudicative administrative proceeding involving 'the differing rules of fair play, which through the years, have become associated with differing types of proceedings.' ' [citation omitted]. The Court equated the Social Security Act procedures with those of the Administrative Procedure Act, which expressly entitles a party, inter alia, 'to conduct such cross-examination as may be required for a full and true disclosure of the facts.' 5 U.S.C. Sec . 556(d) (1982), quoted in Richardson, 402 U.S. at 409, 91 S.Ct. at 1431.


Although the Court held that examining physician reports adverse to claimant supplied before the hearing could be used as 'substantial evidence' even though the reports were hearsay and the physicians were not present at the hearing, the Court carefully qualified its holding by approving such admission 'when the claimant has not exercised his right to subpoena the reporting physician and thereby provide himself with the opportunity for cross-examination of the physician.' ...

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