SKOPIL, Senior Circuit Judge:
I.
Congress included a provision in the Omnibus Consolidated Rescissions and Appropriations Act of 1996, P.L. 104-134, 110 Stat. 1321-211, 1321-219 (1996), that was intended to eliminate the backlog of cases pending before the Benefits Review Board. Consistent with that legislation, on September 12, 1996, hundreds of pending appeals from administrative law judges' decisions were summarily affirmed without Board review. Two of...
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