Ludwig v. Astrue

Ludwig (plaintiff), whose Social Security Disability application was denied and who had given wildly inconsistent statements about his medical condition, requested a hearing where his inconsistency and lack of credibility continued; after the hearing but before a decision issued, an FBI agent told the administrative law judge (ALJ) he had seen Ludwig walking normally and believed he was faking his disability, and the ALJ disclosed this ex parte communication to Ludwig's counsel, who asked that it be given no weight or that he be allowed to cross-examine the agent. The ALJ's decision affirming denial stated he did not give the statement "significant weight," and after the district court affirmed, Ludwig appealed.