Judicial Error Harmless.

Shortly after a hearing, an administrative law judge [ALJ] was contacted by an FBI agent who said the claimant was faking his physical injuries.  The ALJ disclosed the ex-parte contact to claimant’s lawyer, who objected to any weight being given to the information unless there was a supplementary hearing wherein the FBI agent could be cross-examined.  The ALJ’s decision was that the claimant “was exaggerating symptoms,” and notes the FBI agent told the ALJ he saw the claimant in the parking lot “with a normal gait and station and subsequently observed the claimant walking with an exaggerated limp once inside the Federal Courthouse.”  The district court affirmed the ALJ’s decision.  The Ninth Circuit found:  “Receipt of the ex-parte communication, assignment of some weight to it, and denial of a supplementary hearing to address it, was error.”  But the court found the judicial error was harmless and affirmed the lower court’s decision.  Lidwig v. Astrue  (Ninth Cir. June 1, 2012) (Case No. 10-35946) 681 F.3d 1047.