Disability Law Blog

Higginbotham v. Barnhart, No. 04-10197, __F.3d__ (5th Cir. Mar. 31, 2005)

The Fifth Circuit, in an opinion by Circuit Judge E. Grady Jolly, holds that since the Commissioner's "final decision" includes the Appeals Council denial of a request to review, the District Court must consider evidence that was first submitted to and considered by the Appeals Council. In so holding, the Fifth Circuit joins the Second, Fourth, Eight, Ninth and Tenth Circuits. The Third, Sixth, Seventh and Eleventh have held that when the Appeals Council denies review, the "final decision" to be reviewed by the court is the ALJ decision and the record actually before the ALJ. Any evidence first submitted to the Appeals Council is not considered by the district courts in these circuits.

Domingue v. Barnhart, No. 04-30197, __F.3d__ (5th Cir. Oct. 18, 2004)

The Fifth Circuit, in a very short per curiam decision, affirms a denial of SSI and Child Disability benefits. The Court says substantial evidence supported the ALJ's conclusion that claimant's depression was not a severe impairment. Without addressing the ALJ's duty to articulate, the Court also found that the claimant's impairments did not satisfy the requirements of 12.05C and that the ALJ's hypothetical to the VE was adequate. Difficult to determine from this decision (a) what arguments the appellant actually presented, (b) what the ALJ actually did in his or her decision and (c) why the Court published this opinion.