Kendrick v. Shalala

EASTERBROOK, Circuit Judge. Federal disability benefits are awarded to those who are unable to pursue gainful employment. The process used to determine both a claimants abilities and the work available in todays economy is partly adversarial and partly inquisitorial. A claimant may elect legal representation, but procedures are informal. See Richardson v. Perales, 402 U.S. 389, 400-01, 28 L. Ed. 2d 842, 91 S. Ct. 1420 (1971). With the informality, which simplifies administration of the program and makes it more accessible to the public, comes a duty for the presiding officer to develop a complete record, as European magistrates do. E.g., Thompson v. Sullivan, 933 F.2d 581, 587 (7th Cir. 1991); Smith v. Secretary of HEW, 587 F.2d 857, 860 (7th Cir. 1978). The difficulty is that no record is "complete"--one may always obtain another medical examination, seek the views of one more consultant, wait six months to see whether the claimants condition changes, and so on. Taking "complete record" literally would be a formula for paralysis, undermining all of the objectives of simplified procedure.