KENNEDY v. BOWEN

No. 86-3184.

814 F.2d 1523 (1987)

James E. KENNEDY, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary, Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 20, 1987.


Attorney(s) appearing for the Case

David W. Palmer, Crestview, Fla., for plaintiff-appellant.

Michael P. Finney, Asst. U.S. Atty., Pensacola, Fla., Elyse S. Sharfman, Office of General Counsel, Dept. of Health and Human Services, Atlanta, Ga., for defendant-appellee.

Before RONEY, Chief Judge, EDMONDSON, Circuit Judge, and TUTTLE, Senior Circuit Judge.


TUTTLE, Senior Circuit Judge:

This case addresses a disability claimant's right to procedural due process when seeking review of a decision within the Social Security Administration. We hold that when a partially-successful claimant appeals from an administrative law judge's decision, the appeals council must give notice of its intent to re-examine issues not challenged by the claimant. Once given notice, the claimant may not object to the council's authority...

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