Legal Opinion
Joe David Banks v. Richard S. Schweiker, Secretary, Department of Health and Human Services
Court of Appeals for the Ninth Circuit
Decided August 27, 1981No. 80-3368PublishedCited by 14 opinions
1Opinion of the Court
BOOCHEVER, Circuit Judge:
In this appeal, we consider the scope of official notice in a Social Security Administration hearing (SSA) before an administra tive law judge (ALJ). We hold that although the ALJ might properly take official notice of facts concerning the procedures of an SSA District Office, the claimant, Joe Banks, was not afforded an opportunity to introduce evidence in rebuttal. Consequently, we order the ease to be remanded to the Secretary.
The evidence indicated that while on state welfare, Banks began receiving supplemental security income disability (SSID) benefits in 1976.…
2Cases cited9 opinions
- Richardson v. PeralesSupreme Court of the United States · 1971
- George Dobrowolsky v. Joseph A. Califano, Jr., Secretary, Health, Education, and WelfareCourt of Appeals for the Third Circuit · 1979
- Pansy Sellars v. Secretary, Department of Health, Education and WelfareCourt of Appeals for the Eighth Circuit · 1972
- Clemens R. Sierakowski v. Caspar Weinberger, Secretary of Health, Education and WelfareCourt of Appeals for the Sixth Circuit · 1974
- Sadie J. McDaniel v. Anthony J. Celebrezze, Secretary of Health, Education and WelfareCourt of Appeals for the Fourth Circuit · 1964
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Jana M. Bayliss v. Jo Anne B. Barnhart, Commissioner, Social Security AdministrationCourt of Appeals for the Ninth Circuit · 2005
- Mariusz Kaczmarczyk v. Immigration and Naturalization ServiceCourt of Appeals for the Seventh Circuit · 1991
- Teresa De Jesus Castillo-Villagra v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1992
- Gonzalo Rivera-Cruz v. Immigration and Naturalization ServiceCourt of Appeals for the Fifth Circuit · 1992
- Samson Eshete Getachew v. Immigration & Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1994
9 more not listed; retrieve them via the Exa API.