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JOHNSON v. APFEL

No. 98-4284.

189 F.3d 561 (1999)

Walter JOHNSON, Plaintiff-Appellant, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 30, 1999.

As Amended September 30, 1999.

Attorney(s) appearing for the Case

Eric Schnaufer (argued), Chicago, IL, for Plaintiff-Appellant.

Judith A. Stewart, Office of the United States Attorney, Indianapolis, IN, Grace M. Kim (argued), Social Security Administration, Office of the General Counsel, Region V, Chicago, IL, for Defendant-Appellee.

Before POSNER, Chief Judge, and EASTERBROOK and MANION, Circuit Judges.

POSNER, Chief Judge.

Mr. Johnson sought review in the district court, pursuant to 42 U.S.C. § 405(g), of the denial by the Social Security Administration of his claim for disability benefits. The district court upheld the denial on the merits, and Johnson has appealed to us. But the Administration asks us not to consider the merits of the appeal, on the ground that Johnson failed to advise the Administration's Appeals Council of the issue that he wants us to...

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