Cobern HAMILTON, Plaintiff-Appellant, v. SECRETARY OF HEALTH & HUMAN SERVICES, OF the UNITED STATES of America, Defendant-Appellee

I concur with the well-reasoned opinion of the court, believing that under the circumstances of the case, Claimant Hamilton was not prejudiced. I write this concurring opinion because I think the procedures used at the district court were inappropriate. Since, however, these issues were not raised in the briefs, the views expressed here are not, in my view, appropriate for the opinion of the court.

This case was decided on appeal by the district court on the basis of a “Motion to Affirm” filed by the Secretary. This so-called motion to affirm is not authorized by Congress and in fact is…