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PASSMORE v. ASTRUE

No. 07-3078.

533 F.3d 658 (2008)

Eric PASSMORE, Appellee, v. Michael J. ASTRUE, Commissioner of Social Security, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 9, 2008.

Attorney(s) appearing for the Case

Robert D. Kamenshine, U.S. Dept. of Justice, Civil Div., Washington, DC, argued (Jeffrey S. Bucholtz, Acting Asst. Atty. Gen., William Kanter, U.S. Dept. of Justice, Civil Div., on the brief), for appellant; Kristi A. Schmidt, Acting Chief Counsel, Jennifer L. Mills, Asst. Regional Counsel, Region VII, Social Sec. Admin., Kansas City, MO, of counsel.

Jonathan B. Pitts, St. Louis, MO, argued (Larry J. Pitts, Springfield, MO, on the brief), for appellee.

Before GRUENDER, BRIGHT and BENTON, Circuit Judges.

GRUENDER, Circuit Judge.

The Commissioner of Social Security ("Commissioner") appeals the district court's order reversing the Commissioner's denial of social security disability benefits and supplemental security income to Eric Passmore. The Commissioner argues that due process does not afford social security claimants an absolute right to subpoena and cross-examine a reporting physician. Specifically, the Commissioner argues that the district court erred in holding...

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