Skip to main content

HALLEX

SOCIAL SECURITY ADMINISTRATION
Office of Hearings and Appeals

HALLEX
Volume II

Transmittal No. II-1-01

Chapter: II-1-100

Subject: OHA Circuit Court Case Reporter - March and June 1991 Updates

Action Note

Volume II, Part 1 of HALLEX contains the Circuit Court Case Reporter (CCCR). Designate a binder for Volume II, Part 1.

Background

CCCR is a compilation of Court law on specific issues of interest to OHA adjudicators. The compilation is taken verbatim from the courts' opinions. The CCCR is a springboard for further legal research on particular issues and is an important tool for enhancing the defensibility of OHA decisions. Although the CCCR has been available “on line” on personal computers in OHA offices, this is the first printed distribution.

Explanation of Content and Changes

This issuance incorporates the March and June 1991 quarterly updates of the HALLEX CCCR.

IN GENERAL

We have updated case citations in all circuits and made editorial changes.

FIRST CIRCUIT

Under Medical Evidence, we added Santiago v. Secretary of Health and Human Services

SECOND CIRCUIT

  1. Under Miscellaneous - New Evidence Requiring Remand, we added Lisa v. Secretary of the Department of Health and Human Services.

  2. Under Miscellaneous - Statute of Limitations for Judicial Review, we added Canales v. Sullivan.

THIRD CIRCUIT

Under Acquiescence Rulings, we added AR 91-X (3), Order of Effectuation in Concurrent Application Cases (Title II/XVI Offset), Massa v. Secretary of Health and Human Services, 903 F. 2d 953 (3d Cir. 1990).

FOURTH CIRCUIT

  1. Under Duty to Develop Record, we added Walker v. Harris.

  2. Under Miscellaneous - Substantial Gainful Activity, we added Payne v. Sullivan.

FIFTH CIRCUIT

  1. Under Acquiescence Rulings, we added AR 91-X(5), Right to Subpoena an Examining Physician for Cross-Examination Purposes, Lidy v. Sullivan, 911 F.2 1075 (5th Cir. 1990).

  2. Under Impairments - Mental Retardation, we added Muse v. Sullivan.

  3. Under Physician Testimony, we deleted Oldham v. Schweiker, because Social Security Ruling 82-48c was rescinded.

SIXTH CIRCUIT

Under Acquiescence Rulings, we added AR 92-2(6), Scope of Review on Appeal in a Medical Cessation of Disability Case, Difford v. Secretary of Health and Human Services, 910 F.2 1316 (6th Cir. 1990).

SEVENTH CIRCUIT

  1. Under Duty to Develop Record, we added Thompson v. Sullivan.

  2. Under Impairments - Alcohol and Other Drug Abuse, we added O'Connor v. Sullivan.

EIGHTH CIRCUIT

Under Impairments - Alcohol and Other Drug Abuse, we added Shelltrack v. Sullivan.

NINTH CIRCUIT

No changes

TENTH CIRCUIT

  1. Under Vocational Factors - Transferable Work Skills, we added Emory v. Sullivan.

  2. Under Vocational Factors - Vocational Experts, we added Hargis v. Sullivan.

ELEVENTH CIRCUIT

No changes

DISTRICT OF COLUMBIA CIRCUIT

No changes

Insert

Insert the CCCR in the designated binder for Volume II, Part 1.

Remove

None

Date: February 28, 1992