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HARPER v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 92-3060.

978 F.2d 260 (1992)

Edith HARPER, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided October 28, 1992.

Attorney(s) appearing for the Case

Elizabeth A. Corcoran, Columbus, Ohio (argued and briefed), for plaintiff-appellant.

Robert C. Stephens, Department of Health and Human Services, Office of General Counsel, Chicago, Ill. (argued and briefed), Nicholas J. Pantel, Asst. U.S. Atty., Office of U.S. Atty., Cincinnati, Ohio, Joseph E. Kane, Asst. U.S. Atty., Office of U.S. Atty., Columbus, Ohio, for defendant-appellee.

Before: NELSON and SILER, Circuit Judges; and MILES, Senior District Judge.

PER CURIAM.

This is a social security case in which the appellant filed a series of claims asserting that she had become disabled before her insured status expired. The main question before us is whether, after an administrative law judge has conducted an evidentiary hearing despite the existence of an earlier final decision denying the same claim, the Appeals Council can deny the hearing request retroactively, thereby foreclosing...

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