Legal Opinion
Howe v. Colvin
District Court, D. Rhode Island
Decided December 4, 2015No. C.A. No. 14-544-M-LDAPublishedCited by 6 opinions
1Opinion of the Court
*6 ORDER
John J. McConnell, Jr., United States District Judge
Days before her Social Security disability hearing, claimant Brenda Lois Howe’s counsel sent the Administrative Law Judge Martha Bower a medical record that he did not submit with all of the other records due to a clerical error. The ALJ, without explanation or comment, refused to accept the medical record because it was not submitted five days prior to the hearing in violation of the “Five Day Rule.” See 20 C.F.R. § 405.331(a). Based on this incomplete record, the ALJ granted Ms. Howe benefits for a partial period of disability from…
2Cases cited5 opinions
- Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
- Samuel C. EVANGELISTA, Plaintiff, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, AppelleeCourt of Appeals for the First Circuit · 1987
- Manuel A. Miranda v. Secretary of Health, Education and WelfareCourt of Appeals for the First Circuit · 1975
- Georgia Slessinger v. Secretary of Health and Human ServicesCourt of Appeals for the First Circuit · 1987
- Mary J. Cunningham v. Patricia R. Harris, Secretary of Health and Human ServicesCourt of Appeals for the Fourth Circuit · 1981
3Cited by6 opinions
- Marianne Marino v. U.S. Social Security Administration, CommissionerDistrict Court, D. New Hampshire · 2015
- Philip Simard v. SSADistrict Court, D. New Hampshire · 2016
- Abbott v. Commissioner of Social SecurityDistrict Court, W.D. New York · 2021
- Candelaria v. Commissioner of Social SecurityDistrict Court, W.D. New York · 2019
- Palmeri v. Commissioner of Social SecurityDistrict Court, W.D. New York · 2020
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