W.C. v. Otis R. Bowen, Secretary, Health and Human Services
Court of Appeals for the Ninth Circuit
1Opinion of the Court
EUGENE A. WRIGHT, Circuit Judge.
W.C. is a class plaintiff. He represents a class of social security claimants who were denied disability benefits. These denials occurred after favorable AU decisions when, pursuant to the Bellmon Review Program, the Appeals Council reviewed and reversed the AU decisions. The district court found that the Bellmon Review Program was a substantive rule which required notice and comment rulemaking. Because the rulemaking procedure was not followed, the Appeals Council’s decisions were voided and the court ordered that benefits be restored to the class members.…
2Cases cited15 opinions
- Bowen v. City of New YorkSupreme Court of the United States · 1986
- Chrysler Corp. v. BrownSupreme Court of the United States · 1979
- Guardian Federal Savings and Loan Association v. Federal Savings and Loan Insurance CorporationCourt of Appeals for the D.C. Circuit · 1978
- Alcaraz v. BlockCourt of Appeals for the Ninth Circuit · 1984
- Mildred R. TAYLOR, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1985
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3Cited by32 opinions
- Karen Lambert v. Andrew SaulCourt of Appeals for the Ninth Circuit · 2020
- American Hospital Association v. Otis R. Bowen, Secretary, H.H.S.Court of Appeals for the D.C. Circuit · 1987
- George L. Barry v. Otis R. BowenCourt of Appeals for the Ninth Circuit · 1987
- Paulsen v. DanielsCourt of Appeals for the Ninth Circuit · 2005
- Animal Legal Defense Fund v. QuiggCourt of Appeals for the Federal Circuit · 1991
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