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UNITED SENIORS ASS'N, INC. v. SOCIAL SEC. ADMIN.

No. 04-1804.

423 F.3d 397 (2005)

UNITED SENIORS ASSOCIATION, INCORPORATED, Petitioner, v. SOCIAL SECURITY ADMINISTRATION, Respondent. National Taxpayers Union, Amicus Supporting Petitioner.

United States Court of Appeals, Fourth Circuit.

Decided August 25, 2005.

Attorney(s) appearing for the Case

ARGUED: Robert Ronold Sparks, Jr., Sparks & Craig, L.L.P., McLean, Virginia, for Petitioner. Tara Leigh Grove, United States Department of Justice, Appellate Staff, Civil Division, Washington, D.C., for Respondent. ON BRIEF: Peter D. Keisler, Assistant Attorney General, Mark B. Stern, Michael S. Raab, United States Department of Justice, Appellate Staff, Civil Division, Washington, D.C., for Respondent. Michael E. Geltner, Geltner & Associates, P.C., Washington, D.C., for Amicus Supporting Petitioner.

Before WILLIAMS and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Petition for review denied by published opinion. Judge WILLIAMS wrote the opinion, in which Senior Judge HAMILTON joined. Judge SHEDD wrote a separate concurring opinion.

OPINION

WILLIAMS, Circuit Judge.

United Seniors Association, Inc. (USA) petitions for review of a decision of the Department of Health and Human Services' Departmental Appeals Board (the Board) upholding a determination by an administrative law judge (ALJ) that envelopes mailed...

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