Legal Opinion

Luther D. Mullen v. Otis Bowen, Secretary of Health and Human Services, Richard G. Shepherd v. Otis Bowen, Secretary of Health and Human Services

Court of Appeals for the Sixth Circuit

Decided September 2, 1986No. 84-1455, 84-5352PublishedCited by 1,811 opinions

1Opinion of the Court

ENGEL, Circuit Judge.

We granted en banc rehearing in these consolidated social security disability appeals to resolve an inconsistency between two decisions by different panels of our court relating to the role of the Appeals Council in the scheme of review of disability determinations. Compare Newsome v. Secretary of Health and Human Services, 753 F.2d 44 (6th Cir.1985), with Beavers v. Secretary of Health, Education & Welfare, 577 F.2d 383 (6th Cir.1978). We are also necessarily required to consider what standard of review should be applied by the district courts and our circuit where the…

2Cases cited34 opinions

  1. Richardson v. PeralesSupreme Court of the United States · 1971
  2. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  3. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  4. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
  5. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943

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3Cited by1,811 opinions

  1. Blakley v. Commissioner of Social SecurityCourt of Appeals for the Sixth Circuit · 2009
  2. Charlene M. CUTLIP, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1994
  3. Eddie W. ABBOTT, Plaintiff-Appellant, v. Louis M. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1990
  4. Margaret FELISKY, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1994
  5. Frances Buxton v. William A. Halter, Commissioner of Social SecurityCourt of Appeals for the Sixth Circuit · 2001

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