Legal Opinion
James E. KENNEDY, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary, Department of Health and Human Services, Defendant-Appellee
Court of Appeals for the Eleventh Circuit
Decided April 20, 1987No. 86-3184PublishedCited by 23 opinions
1Opinion of the Court
TUTTLE, Senior Circuit Judge:
This case addresses a disability claimant’s right to procedural due process when seeking review of a decision within the Social Security Administration. We hold that when a partially-successful claimant appeals from an administrative law judge’s decision, the appeals council must give notice of its intent to re-examine issues not challenged by the claimant. Once given notice, the claimant may not object to the council’s authority to revisit any aspect of the AU’s decision. Absent such notice, an appeals council may not sua sponte expand the scope of review and…
2Cases cited18 opinions
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Luther D. Mullen v. Otis Bowen, Secretary of Health and Human Services, Richard G. Shepherd v. Otis Bowen, Secretary of Health and Human ServicesCourt of Appeals for the Sixth Circuit · 1986
- United States v. LarionoffSupreme Court of the United States · 1977
- Dalton BAKER, Appellant, v. Margaret HECKLER, Secretary of Health & Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1984
- Bauzo v. BowenCourt of Appeals for the Seventh Circuit · 1986
13 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Thomas Williams v. Louis W. Sullivan, M.D., Secretary of Health and Human ServicesCourt of Appeals for the Third Circuit · 1992
- John Chrupcala v. Margaret M. Heckler, Secretary of Health and Human ServicesCourt of Appeals for the Third Circuit · 1987
- Max CULBERTSON, Appellant, v. Donna E. SHALALA, Secretary of the Department of Health and Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1994
- John Henry HOUSTON, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1989
- Lightfoot v. District of ColumbiaDistrict Court, District of Columbia · 2005
18 more not listed; retrieve them via the Exa API.