Social Security claimants do not have a constitutional right to subpoena or cross-examine the doctors consulted by administrative law judges in disability hearings, the 8th U.S. Circuit Court of Appeals said.

Wednesday's decision, by a unanimous panel, rejects dicta in an 18-year-old 8th Circuit decision that said due process gives Social Security claimants an absolute right to cross-examine the reporting doctors.

Three other circuits have interpreted the 8th Circuit's 1990 Coffin v. Sullivan decision as adopting an absolute right to cross- examine a doctor, but two of those same circuits rejected the argument that such a right exists.

Charles Miller, a spokesman for the Department of ...

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