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ALJ Error – Abuse of Discretion

By: Derek Hawkins//August 19, 2019//

ALJ Error – Abuse of Discretion

By: Derek Hawkins//August 19, 2019//

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7th Circuit Court of Appeals

Case Name: Joseph Krell v. Andrew M. Saul

Case No.: 18-1100

Officials: EASTERBROOK, ROVNER, and ST. EVE, Circuit Judges.

Focus: ALJ Error – Abuse of Discretion

We focus here on an issue involving a well‐known figure in Social Security cases: the vocational expert. Specifically, we address whether an administrative law judge (ALJ) can decline to issue a subpoena requiring a vocational expert to produce his underlying data sources. Given recent Supreme Court precedent, we conclude that, here, the ALJ did not abuse his discretion by denying a request to issue such a subpoena. See Biestek v. Berryhill, 139 S. Ct. 1148 (2019).

Denied

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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