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CALVIN v. CHATER

Nos. 95-5372, 95-5438.

73 F.3d 87 (1996)

Jessie CALVIN, Plaintiff-Appellee, v. Shirley S. CHATER, Commissioner of Social Security, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided January 9, 1996.

Rehearing and Suggestion for Rehearing Denied February 16, 1996.

Attorney(s) appearing for the Case

Eugene C. Gaerig (argued and briefed), Hartsfield & Gaerig, Memphis, TN, for Jessie Calvin.

Robert S. Greenspan, U.S. Dept. of Justice, Appellate Staff, Civil Div., Mark C. Niles (briefed), U.S. Dept. of Justice, Appellate Staff, Civil Div., John C. Dwyer (argued), U.S. Dept. of Justice, Office of the Associate Atty. Gen., Washington, DC, for Commissioner of Social Security.

Before: LIVELY, NELSON, and SUHRHEINRICH, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied February 16, 1996.

DAVID A. NELSON, Circuit Judge.

Where a person asserting a claim for Supplemental Security Income benefits asks that a reporting physician be subpoenaed to testify on cross-examination at the claimant's hearing before an administrative law judge, must the request for a subpoena be honored even if the claimant has failed to justify the request in the manner prescribed by the applicable...

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