MILLS v. APFEL

No. Civ. 99-27-P-H.

84 F.Supp.2d 146 (2000)

Wanda J. MILLS, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant.

United States District Court, D. Maine.

February 1, 2000.


Attorney(s) appearing for the Case

Francis Jackson, Jackson & Macnichol, Portland, ME, for plaintiff.

James M. Moore, Office of the U.S. Attorney, Bangor, ME, Richard H. Fox, Assistant Regional Counsel, Office of Chief Counsel, Boston, MA, for defendant.


MEMORANDUM AND ORDER MODIFYING THE MAGISTRATE JUDGE'S RECOMMENDED DECISION

HORNBY, Chief Judge.

This case raises an interesting administrative law question that the Court of Appeals for the First Circuit has not addressed. The question has divided the other Circuit Courts of Appeals. Specifically, when the Appeals Council of the Social Security Administration declines to review an Administrative Law Judge's decision, can a federal court consider evidence...

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