HIGGINBOTHAM v. BARNHART

No. 04-10197.

405 F.3d 332 (2005)

Charles D. HIGGINBOTHAM, Plaintiff-Appellant, v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 31, 2005.


Attorney(s) appearing for the Case

Michael Thomas Kelly (argued), Law Office of Michael T. Kelly, Arlington, TX, for Higginbotham.

Henry Ernest Velte, III (argued), Social Sec. Admin., Office of Gen. Counsel, Dallas, TX, for Barnhart.

Before JOLLY, DAVIS and CLEMENT, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

Today we decide a question of only narrow interest but of significance to some Social Security appeals: Whether, in reviewing the denial of supplemental security income ("SSI") benefits, the courts should consider evidence that the claimant did not present to the Administrative Law Judge ("ALJ"), but submitted for the first time to the Appeals Council, which accepted and considered the evidence but denied review of the ALJ decision....

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