United States Supreme Court Cases & Opinions

U.S. Supreme Court

Richardson v. Perales, 402 U.S. 389 (1971)

Richardson v. Perales

No. 108

Argued January 13, 1971

Decided May 3, 1971

402 U.S. 389

Syllabus

Written report by physicians who have examined claimant for disability insurance benefit under Social Security Act constitute "substantial evidence" supporting a nondisability finding within the standard of § 205(g) of the Act, notwithstanding the report's hearsay character, the absence of cross-examination (through claimant's failure to exercise his subpoena right), and the directly opposing testimony by the claimant and his medical witness; and procedure followed under Act does not violate due process requirements. Pp. 402 U. S. 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, JJ., joined, post, p. 402 U. S. 411.

Page 402 U. S. 390