Aubrey v. Richardson

I respectfully dissent because -of the majority’s conclusion (page 785) that there is no substantial evidence to support the Appeals Council’s decision, as opposed to that of the Hearing Examiner. This court has recently held in considering the application of the controlling regulation (20 C.F.R. 404.705), that its review of the administrative findings “is limited to ‘ascertaining whether on the record as a whole there is substantial evidence to support the Secretary’s findings of fact.’ ” See Miller v. Richardson, 457 F.2d 378 page 379 (3d Cir.). The findings of the Appeals Council in this…