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HALLEX

SOCIAL SECURITY ADMINISTRATION
Office of Hearings and Appeals

HALLEX
Volume II

Transmittal No. II-1-03

Chapter: II-1-100

Subject: OHA Circuit Court Case Reporter

Background

Circuit Court Case Report (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.

Explanation of Content and Changes

This issuances incorporates the additions, deletions and revisions through September 1993

IN GENERAL

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

FIRST CIRCUIT

Under Acquiescence Rulings (ARs), we deleted AR 88-5(1), Reopening by the Appeals Council of Decisions of Administrative Law Judges under Titles II and XVI, McCuin v. Secretary of Health and Human Services, 817 F.2d 161 (1st Cir. 1987). The Commissioner rescinded AR 88-5 (1) by notice in the Federal Register on February 23, 1994.

SECOND CIRCUIT

  1. Under Acquiescence Rulings, we added AR 93-4(2), Attorney's Fees Based in Part on Continued Benefits Paid to Social Security Claimants — Title II, Condon and Brodner v. Bowen, 853 F.2d 66 (2d Cir. 1988).

  2. Under Physician Testimony - Treating Physician Opinion, we added Schisler v. Sullivan and deleted Schisler v. Bowen and Cruz v. Sullivan.

FOURTH CIRCUIT

  1. Under Credibility, we added Hunter v. Sullivan.

  2. Under Reopening/Res Judicata, we added Kasey v. Sullivan.

FIFTH CIRCUIT

Under Miscellaneous - Establishing Onset Date of Disability, we added Spellman v. Shalala.

SIXTH CIRCUIT

  1. Under Acquiescence Rulings, we added AR 93-3(6), Attorney Fee Based in Part on Continued Benefits Paid to Social Security Claimants - Title II, Akers v. Secretary of Health and Human Services, 966 F.2d 205 (6th Cir. 1992).

  2. Under Appeals Council Review, we added Cotton v. Sullivan.

  3. Under Reopening/Res Judicata, we added Bogle v. Secretary of Health and Human Services and Cottrell v. Sullivan.

SEVENTH CIRCUIT

  1. Under Pain, we added Pope v. Shalala.

  2. Under Vocational Factors - Past Relevant Work, we added Sample v. Shalala and Wolfe v. Shalala.

  3. Under Miscellaneous - Substantial Gainful Activity, we added Dotson v. Shalala.

EIGHTH CIRCUIT

  1. Under Acquiescence Rulings, we added AR 93-6(8), Interpretation of the Secretary's Regulation Regarding Presumption of Death - Title II, Brewster on Behalf of Keller v. Sullivan, 972 F.2 898 (8th Cir. 1992).

  2. Under Duty To Develop Record, we added Onstad v. Shalala.

  3. Under Pain, we added Halpin v. Shalala.

NINTH CIRCUIT

Under Impairments - Alcohol and Other Drug Use, we added Tylitzki v. Shalala.

ELEVENTH CIRCUIT

  1. Under Acquiescence Rulings, we added AR 93-5(11), Attorney's Fees Based in Part on Continued Benefits Paid to Social Security Claimants -Title II, Shoemaker v. Bowen, 853 F.2d 858 (11th Cir. 1988).

  2. Under Impairments - Mental, we added Davis v. Shalala.

DISTRICT of COLUMBIA CIRCUIT

Under Physician Testimony - Treating Physician Opinion, we added Williams v. Shalala.

Remove

Remove the CCCR issued in June 29, 1993

Insert

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

Date: April 25, 1994