GERSTEIN v. BOWEN

No. 87 C 4111.

680 F.Supp. 1200 (1988)

Louis GERSTEIN, Plaintiff, v. Dr. Otis BOWEN, Secretary of the Department of Health and Human Services, Defendant.

United States District Court, N.D. Illinois, E.D.

Order on Secretarys Motion February 23, 1988.


Attorney(s) appearing for the Case

William H. Gifford, Jr., Shefsky, Saitlin & Froelich, Ltd., Chicago, Ill., for plaintiff.

James J. Kubik, Asst. U.S. Atty., Chicago, Ill., for defendant.


MEMORANDUM OPINION AND ORDER

PLUNKETT, District Judge.

There are two issues raised in this appeal from a final determination of the Secretary of the Department of Health and Human Services: (1) whether the Appeals Council may, pursuant to 20 C.F.R. § 404.988(b), reopen an Administrative Law Judge's decision in favor of a claimant after the sixtyday period for review has passed; and (2) whether there is substantial evidence to support the Secretary's...

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