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W.C. v. BOWEN

No. 86-3770.

807 F.2d 1502 (1987)

W.C., Plaintiff-Appellee, v. Otis R. BOWEN, Secretary, Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 13, 1987.

Attorney(s) appearing for the Case

William Rutzick, Schroeter, Goldmark & Bender, Seattle, Wash., for plaintiff-appellee.

Howard S. Scher, Dept. of Justice, Washington, D.C., for defendant-appellant.

Before BROWNING, WRIGHT and BEEZER, Circuit Judges.

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 ALJ decisions when, pursuant to the Bellmon Review Program, the Appeals Council reviewed and reversed the ALJ 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...

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