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NEWKIRK v. SHALALA

No. 93-1421.

25 F.3d 316 (1994)

Dorothy NEWKIRK, Plaintiff-Appellee, v. Donna E. SHALALA, Secretary of Health And Human Services, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided May 31, 1994.

Attorney(s) appearing for the Case

Candace Crowley, Jeffrey G. Nutt (argued & briefed), Wayne County Neighborhood Legal Services, Detroit, MI, for plaintiff-appellee.

Edward P. Studzinski (briefed), Gary A. Sultz (argued), Dept. of Health and Human Services, Office of the Gen. Counsel, Region V, Chicago, IL, Elizabeth Larin, Asst. U.S. Atty., Detroit, MI, for defendant-appellant.

Before: JONES, NELSON, and SUHRHEINRICH, Circuit Judges.

NATHANIEL R. JONES, Circuit Judge.

This case arises from the decision of the Secretary of Health and Human Services, denying Dorothy Newkirk's disability benefits claim under Title XVI of the Social Security Act. The sole issue on appeal is whether the district court had either the discretionary authority or an obligation to remand the case back to the Secretary under 42 U.S.C. § 405(g).

This issue was recently resolved by another panel in Faucher...

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