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McDONALD v. SECRETARY OF HEALTH AND HUMAN SERVICES

Civ. A. No. 90-10740-T.

796 F.Supp. 616 (1992)

Corinne McDONALD, Plaintiff, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant.

United States District Court, D. Massachusetts.

August 10, 1992.

Attorney(s) appearing for the Case

Andrew Mosher McGinnis, Law Office of Andrew M. McGinnis, Belmont, Mass., for plaintiff.

George Bunsen Henderson, U.S. Attys. Office, Boston, Mass., for defendant.

MEMORANDUM

TAURO, Chief Judge.

This appeal of a decision of the Secretary of Health and Human Services ("Secretary") raises the issue as to whether the Appeals Council of the Social Security Administration had authority to review, after passage of the sixty-day appeal period, matters that plaintiff did not raise when she appealed a decision of an Administrative Law Judge ("ALJ").1 The Circuits are split as to the Appeals Council...

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