Joseph S. Oldham v. Secretary of Health and Human Services

FAIRCHILD, Senior Circuit Judge.

Plaintiff Oldham sought review of a decision of the Social Security Administration Appeals Council, purportedly in exercise of its delegated power to speak for the Secretary of Health and Human Services. The District Court affirmed and plaintiff appealed.

The Appeals Council had reviewed, saa sponte, a decision made in plaintiff’s favor by an Administrative Law Judge (ALJ). Plaintiff primarily claims that under the Regulations, the Appeals Council had no jurisdiction to review the ALJ’s findings or conclusions. Thus it is contended the decision of the ALJ, not…