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MILLS v. APFEL

No. 00-1446.

244 F.3d 1 (2001)

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

United States Court of Appeals, First Circuit.

Decided March 22, 2001.

Attorney(s) appearing for the Case

Francis M. Jackson with whom Jackson & MacNichol was on brief for appellant.

Richard Fox, Assistant Regional Counsel, Office of the Chief Counsel, Region I, Social Security Administration, with whom Jay P. McCloskey, United States Attorney, James M. Moore, Assistant United States Attorney, and Robert J. Triba, Chief Counsel, Region I, were on brief for appellee.

Before BOUDIN, STAHL and LYNCH, Circuit Judges.

BOUDIN, Circuit Judge.

This is an appeal from a denial of social security benefits for disability and presents an issue on which the circuits are divided, namely, the treatment of proffers of new evidence on administrative review after the initial administrative decision. The claimant is Wanda Mills. Her present application for benefits was filed on December 23, 1996, and ultimately a hearing before an administrative law judge ("ALJ") was held on November 17, 1997...

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