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HALLEX

SOCIAL SECURITY ADMINISTRATION
Office of Hearings and Appeals

HALLEX
Volume II

Transmittal No. II-1-06

Chapter: II-1-100

Subject: OHA Circuit Court Case Reporter

Background

The Circuit Court Case Reporter (CCCR) is designed to provide OHA adjudicators with insight into how the Federal courts evaluate the basic policy and principles found in the law, regulations and rulings and into what the courts consider to be necessary ingredients for a well-reasoned decision. Unless the CCCR contains an acquiescence ruling with respect to an individual case, we consider a court's opinion to be consistent with SSA's regulations.

Explanation of Content and Changes

This issuance incorporates the additions, deletions and revisions made to the CCCR through December 1998.

Remove the CCCR issued on October 31, 1997.

IN GENERAL

As necessary, we have updated case citations and have made editorial changes.

SECOND CIRCUIT

  1. Under Acquiescence Rulings, we added AR 99-1(2), Deeming of Income From a Stepparent to a Child When the Natural Parent is Not Living in the Same Household - Title XVI of the Social Security Act, Florez on Behalf of Wallace v. Callahan, 156 F.3d 438 (2d Cir. 1998). On February 1, 1999, SSA issued AR 99-1(2) at 64 Fed. Reg. 4923.

  2. Under Duty To Develop Record, we added Shaal v. Apfel.

  3. Under Physician Testimony - Treating Physician Opinion, we added Balsamo v. Chater and Shaal v. Apfel.

  4. Under Substantial Gainful Activity, we added Balsamo v. Chater

  5. Under Miscellaneous - Subpoenas, we added Yancy v. Apfel.

FIFTH CIRCUIT

Under Acquiescence Rulings, we added AR 99-3(5), Definition of Highly Marketable Skills for Individuals Close to Retirement Age - Titles II and XVI of the Social Security Act, McQueen v. Apfel, 168 F.3d 152 (5th Cir. 1999). On May 27, 1999, SSA issued AR 99-3(5) at 64 Fed. Reg. 28853.

SIXTH CIRCUIT

  1. Under Acquiescence Rulings, we added AR 98-3(6), Effect of a Prior Finding of the Demands of Past Work on Adjudication on a Subsequent Disability Claim Arising Under the Same Title of the Social Security Act, Dennard v. Secretary of Health and Human Services, 907 F.2d 598 (6th Cir. 1990). On June 1, 1998, SSA issued AR 98-3(6) at 63 Fed. Reg. 29770.

  2. Under Acquiescence Rulings, we added AR 98-4(6) Effect of Prior Findings on Adjudication on a Subsequent Disability Claim Arising Under the Same Title of the Social Security Act, Drummond v. Commissioner of Social Security, 126 F.2d 837 (6th Cir. 1997). On June 1, 1998, SSA issued AR 98-4(6) at 63 Fed. Reg. 29771.

  3. Under Credibility, we deleted Blacha v. Secretary of Health and Human Services because the proposition cited in that case is contained in Walters v. Commissioner of Social Security.

  4. Under Medical Evidence, we revised Walters v. Commissioner of Social Security.

  5. Under Reopening / Res Judicata, we deleted Dennard v. Secretary of Health and Human Services and Drummond v. Commissioner of Social Security.

SEVENTH CIRCUIT

  1. Under Consultative Examinations, we added Griffith v. Callahan.

  2. Under Duty To Develop Record, we added Nelson v. Apfel.

  3. Under Impairments - Mental Illness, we added Wilder v. Apfel.

  4. Under Reopening / Res Judicata, we added Groves v. Apfel.

  5. Under Miscellaneous - Law of the Case Circuit, we added Wilder v. Apfel.

EIGHTH CIRCUIT

  1. Under Acquiescence Rulings, we added AR 98-5(8), Coverage for Employees Under a Federal-State Section 218 Agreement or Modification and Application of the Student Services Exclusion From Coverage to Services Performed by Medical Residents, State of Minnesota v. Apfel, 151 F.3d 742 (8th Cir.1998). On October 30, 1998, SSA issued AR 98-5 (8) at 63 Fed. Reg. 58444.

  2. Under Acquiescence Rulings, we added AR 99-2(8), Definition of Highly Marketable Skills for Individuals Close to Retirement Age - Titles II and XVI of the Social security Act, Kerns v. Apfel, 160 F.3d 464 (8th Cir. 1999). On March 11, 1999, SSA issued AR 99-2(8) at 64 Fed. Reg. 12205.

  3. Under Credibility, we added Baker v. Apfel.

  4. Under Illiteracy, we added Wilcutts v. Apfel.

  5. Under Impairments - Alcohol and Other Drug Abuse, we deleted Veal v. Califano, Thompson v. Sullivan, Russell v. Chater and Adams v. Apfel.

  6. Under Impairments - Mental Retardation and Autism, we added Clark v. Apfel and Rucker v. Apfel.

  7. Under Medical Improvement, we added Burress v. Apfel.

  8. Under Reopening / Res Judicata, we added Yeazel v. Apfel.

  9. Under Substantial Gainful Activity, we added Gladden v. Callahan and Terrell v. Apfel.

  10. Under Substantial Gainful Activity - Unsuccessful Work Attempts, we added Smith v. Apfel.

  11. Under Vocational Factors - Past Relevant Work, we added Terrell v. Apfel.

NINTH CIRCUIT

  1. Under Acquiescence Rulings, we deleted AR 86-17(9), Child's Benefits, Owens v. Schweiker, 691 f.2d 80 (9th Cir. 1982).

  2. Under Duty To Develop Record, we added Tidwell v. Apfel.

  3. Under Impairments - Chronic Fatigue Syndrome, we added Reddick v. Chater.

  4. Under Medical -Vocational Guidelines (GRID) - Nonexertional Limitations, we added Reddick v. Chater.

  5. Under Onset Date, we added Armstrong v. Commissioner of the Social Security Administration.

  6. Under Miscellaneous - Psychiatric Review Technique Form, we added Maier v. Commissioner of the Social Security Administration.

TENTH CIRCUIT

Under Medical-Vocational Guidelines (GRID), we added Daniels v. Apfel.

ELEVENTH CIRCUIT

  1. Under Acquiescence Rulings, we deleted AR 87-2(11), Appeals Council Reopening, Butterworth v. Bowen, 796 F.3d 1379 (11the Cir. 1986). On July 7, 1998, SSA rescinded AR 87-2(11) at 63 Fed. Reg. 36726.

  2. Under Appeals Council Review, we deleted Butterworth v. Bowen.

  3. Under Appeals Council Review, we added Falge v. Apfel.

Insert

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

Date: November 23, 1999