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SIMS v. APFEL

No. 98-9537.

530 U.S. 103 (2000)

SIMS v. APFEL, COMMISSIONER OF SOCIAL SECURITY

United States Supreme Court.

Decided June 5, 2000.

Attorney(s) appearing for the Case

Sarah H. Bohr argued the cause for petitioner. With her on the briefs were Chantal J. Harrington, Gary R. Parvin, and Jon C. Dubin.

Malcolm L. Stewart argued the cause for respondent. With him on the brief were Solicitor General Waxman, Acting Assistant Attorney General Ogden, Deputy Solicitor General Kneedler, William Kanter, and Robert D. Kamenshine.*

Thomas, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I and II—A, in which Stevens, O'Connor, Souter, and Ginsburg, JJ., joined, and an opinion with respect to Part II—B, in which Stevens, Souter, and Ginsburg, JJ., joined. O'Connor, J., filed an opinion concurring in part and concurring in the judgment, p. 112. Breyer, J., filed a dissenting opinion, in which Rehnquist, C. J., and Scalia and Kennedy, JJ., joined, p. 114.

Justice Thomas announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I and II—A, and an opinion with respect to Part II—B, in which Justice Stevens, Justice Souter, and Justice Ginsburg join.

A person whose claim for Social Security benefits is denied by an administrative law judge (ALJ) must in most cases, before seeking judicial review of that denial, request that...

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