Dorothy NEWKIRK, Plaintiff-Appellee, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellant

NATHANIEL R. JONES, Circuit Judge.

This case arises from the decision of the Secretary of Health and Human Services, denying Dorothy Newkirk’s disability benefits claim under Title XYI of the Social Security Act. The sole issue on appeal is whether the district court had either the discretionary authority or an obligation to remand the case back to the Secretary under 42 U.S.C. § 405(g).

This issue was recently resolved by another panel in Faucher v. Secretary of Health and Human Services, 17 F.3d 171 (6th Cir.1994). Because the lower court’s holding in this ease is inconsistent with Faucher,…