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OLDHAM v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 83-1158.

718 F.2d 507 (1983)

Joseph S. OLDHAM, Plaintiff, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided October 6, 1983.

Attorney(s) appearing for the Case

David B. Green, Providence, R.I., for plaintiff, appellant.

Everett C. Sammartino, Asst. U.S. Atty., Providence, R.I., with whom Lincoln C. Almond, U.S. Atty., Providence, R.I., was on brief, for defendant, appellee.

Before COFFIN, Circuit Judge, FAIRCHILD, Senior Circuit Judge, and BREYER, Circuit Judge.

FAIRCHILD, Senior Circuit Judge.

Plaintiff Oldham sought review of a decision of the Social Security Administration Appeals Council, purportedly in exercise of its delegated power to speak for the Secretary of Health and Human Services. The District Court affirmed and plaintiff appealed.

The Appeals Council had reviewed, sua sponte, a decision made in plaintiff's favor by an Administrative Law Judge (ALJ). Plaintiff primarily claims that under the Regulations...

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