Mills v. Apfel
District Court, D. Maine
1Opinion of the Court
MEMORANDUM AND ORDER MODIFYING THE MAGISTRATE JUDGE’S RECOMMENDED DECISION
HORNBY, Chief Judge.
This case raises an interesting administrative law question that the Court of Appeals for the First Circuit has not addressed. The question has divided the other Circuit Courts of Appeals. Specifically, when the Appeals Council of the Social Security Administration declines to review an Administrative Law Judge’s decision, can a federal court consider evidence submitted to the Appeals Council after the Administrative Law Judge has rendered the decision? The answer, I corn elude, is no. I also address…
2Cases cited16 opinions
- Califano v. SandersSupreme Court of the United States · 1977
- Ramona PEREZ, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner of Social Security Administration, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1996
- Victoria MANSO-PIZARRO, Plaintiff, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, AppelleeCourt of Appeals for the First Circuit · 1996
- Falge v. ApfelCourt of Appeals for the Eleventh Circuit · 1998
- Viola BROWNING, Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1992
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3Cited by3 opinions
- Mills v. Social SecurityCourt of Appeals for the First Circuit · 2001
- Bechtold v. MassanariDistrict Court, M.D. Florida · 2001
- Alvizo v. SaulDistrict Court, D. Nevada · 2021