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Barrett v. Berryhill

906 F.3d 340 (2018)

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Barrett v. Berryhill

United States Court of Appeals for the Fifth Circuit

906 F.3d 340 (2018)

Facts

James Barrett (plaintiff) applied for disability benefits. During the hearing process, Dr. Robin Rosenstock, a medical consultant, reviewed Barrett’s medical history and determined that Barrett could sit or stand for most of an eight-hour workday and could perform other necessary motor tasks. Rosenstock did not examine Barrett when making her determinations, and she only reviewed his medical records. Another medical consultant reviewed and agreed with Rosenstock’s assessment. Barrett asked the administrative-law judge to allow him to question and cross-examine Rosenstock regarding her report, but the administrative-law judge denied his request. The administrative-law judge reviewed Rosenstock’s report and gave it considerable weight when determining Barrett’s physical limitations but adjusted the limitations to be slightly worse than Rosenstock concluded. The administrative-law judge denied Barrett’s application. The administrative-law judge was affirmed by the district court, and Barrett appealed to the United States Court of Appeals for the Fifth Circuit.

Rule of Law

Issue

Holding and Reasoning (Costa, J.)

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