Banegas v. Heckler
United States District Court for the Western District of Texas
587 F. Supp. 549 (1984)
Rudolfo Banegas (plaintiff) sought disability benefits from the Secretary of Health and Human Services (defendant) after a serious back injury; substantial medical evidence and a medical adviser's testimony at the hearing supported that he could not engage in substantial gainful activity. After the hearing, the ALJ personally followed Banegas and his attorney and observed Banegas crossing the street quickly without his cane and getting into a car without apparent difficulty, then denied the claim based partly on those off-record observations; the Appeals Council affirmed, and Banegas sought judicial review.
Whether an administrative law judge may base a disability determination on facts observed outside the administrative hearing and outside the record.