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PEARCE v. SULLIVAN

No. 88-1801.

871 F.2d 61 (1989)

Guy PEARCE, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 29, 1989.

As Corrected April 6, 1989.

Attorney(s) appearing for the Case

Burt L. Dancey, Elliff, Keyser, Oberle & Davies, Pekin, Ill., for plaintiff-appellant.

Michael C. Messer, Asst. Regional Counsel, Dept. of Health and Human Resources, Office of the Gen. Counsel, Chicago, Ill., for defendant-appellee.

Before POSNER, RIPPLE and MANION, Circuit Judges.

POSNER, Circuit Judge.

Guy Pearce applied for social security disability benefits, claiming to be totally disabled by emphysema. When an administrative law judge denied his claim on the ground that his impairment was not severe, Pearce appealed to the Appeals Council and submitted to it new evidence which persuaded the Council that Pearce did have a severe impairment. The Council remanded the case to another administrative law judge, whom it directed to "obtain a...

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