W.C. v. Otis R. Bowen, Secretary, Health and Human Services , 819 F.2d 237 ( 1987 )

819 F.2d 237

W.C., Plaintiff-Appellee,
v.
Otis R. BOWEN, Secretary, Health and Human Services,
Defendant-Appellant.

No. 86-3770.

United States Court of Appeals,
Ninth Circuit.

June 5, 1987.

Dept. of Justice, Howard S. Scher, Washington, D.C., for defendant-appellant.

Schroeter, Goldmark & Bender, William Rutzick and Kristin Houser, Seattle, Wash., for plaintiff-appellee.

Before BROWNING, WRIGHT and BEEZER, Circuit Judges.

1

ORDER DENYING PETITION FOR REHEARING EN BANC AND AMENDING OPINION

2

The panel has voted to deny the petition for rehearing, and Judges Browning and Beezer have voted to reject the suggestion for a rehearing en banc.

3

The full court has been advised of the suggestion for an en banc hearing, and no judge of the court has requested a vote on it. Fed.R.App.P. 35(b).

4

The petition for rehearing is denied and the suggestion for a rehearing en banc is rejected.

5

The opinion filed on January 13, 1987, 807 F.2d 1502 (9th Cir.), is amended as follows:

6

Page 1505, first column, line 23: Correct to read administrative law judges and the Appeals Council.

7

Page 1506, first column, line 5, insert: Furthermore, the effect of the program on the Appeals Council's impartiality militates against reinstating their decisions. See Barry v. Heckler, 620 F.Supp. 779, 782 (N.D.Cal.1985).

8

Change the next sentence to read: We agree with the district court that the ALJ's decisions must be reinstated and the claimants provided disability benefits.

9

Page 1506, footnote 8: Delete the words: previously awarded.

10

Page 1505, first column, last paragraph, starting with "Here, claimants": Delete the paragraph.

11

Page 1505, second column, line 25, add: Cf. Stoddard Lumber Co., Inc. v. Marshall, 627 F.2d 984, 986-88 (9th Cir.1980) (inspection procedure not an exercise of delegated legislative power).