No. 89-5288.

906 F.2d 756 (1990)

Allen SHEPPARD, Appellant, v. Louis W. SULLIVAN, M.D., Secretary of the Department of Health & Human Services.

United States Court of Appeals, District of Columbia Circuit.

Decided June 26, 1990.

Attorney(s) appearing for the Case

Randal Smith-Minor, of the bar of the U.S. District Court for the District of Columbia, pro hac vice, by special leave of the Court, with whom Lynn E. Cunningham, Washington, D.C., was on the brief, for appellant.

Marina Utgoff Braswell, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., John D. Bates and R. Craig Lawrence, Asst. U.S. Attys., were on the brief, for appellee. Daniel J. Standish, Asst. U.S. Atty., also entered an appearance for appellee.

Before EDWARDS, SILBERMAN and WILLIAMS, Circuit Judges.

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.


Having won his case before an administrative law judge, a social security claimant saw certain retroactive benefits recalculated and reduced by the Appeals Council of the Social Security Administration. He attacks this reduction on three grounds: that the Appeals Council lacked authority to reopen the ALJ's decision on its own motion; that it improperly recalculated...

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