Legal Opinion

Joseph D. BUTTERWORTH, Plaintiff-Appellee, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellant

Court of Appeals for the Eleventh Circuit

Decided August 14, 1986No. 85-8769PublishedCited by 22 opinions

1Opinion of the Court

CORRECTED OPINION

KRAVITCH, Circuit Judge:

This appeal, brought by the Secretary of Health and Human Services from the district court’s reversal of the Appeals Council’s decision, involves an interpretation of Social Security Administration regulations. The Appeals Council, relying on 20 C.F.R. §§ 404.987 and 404.988(a) had sua sponte reopened and revised the administrative law judge’s (ALJ) decision that claimant Joseph Butterworth was disabled. The district court held that the Appeals Council’s reopening of the ALJ decision violated the Secretary’s regulations because it occurred more than…

2Cases cited11 opinions

  1. United States v. LarionoffSupreme Court of the United States · 1977
  2. Radzanower v. Touche Ross & Co.Supreme Court of the United States · 1976
  3. United States v. ChaseSupreme Court of the United States · 1890
  4. Edgar E. Simpson v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Eleventh Circuit · 1982
  5. Nelda A. Parker v. Otis R. Bowen, Secretary of Health and Human Services, Autry R. Hand v. Otis R. Bowen, Secretary of Health and Human ServicesCourt of Appeals for the Eleventh Circuit · 1986

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3Cited by22 opinions

  1. Lindell Washington v. Commissioner of Social SecurityCourt of Appeals for the Eleventh Circuit · 2018
  2. Gaynell McCuin v. Secretary of Health and Human ServicesCourt of Appeals for the First Circuit · 1987
  3. Charles P. Cieutat v. Otis R. Bowen, M.D., Secretary of Health and Human Services, DefendantCourt of Appeals for the Fifth Circuit · 1987
  4. United States v. Ovidio Camejo, Luis Rivera-Torres, Livingston K. Smith, Luis F. Setien, Raul AnchiaCourt of Appeals for the Eleventh Circuit · 1991
  5. Catherine A. FOX, Plaintiff-Appellee, v. Otis R. BOWEN, Secretary of Health & Human Services, Defendant-AppellantCourt of Appeals for the Sixth Circuit · 1987

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