NELDA A. PARKER, PLAINTIFF-APPELLANT,
v.
MARGARET M. HECKLER, SECRETARY OF HEALTH AND HUMAN SERVICES, DEFENDANT-APPELLEE; AUTRY R. HAND, PLAINTIFF-APPELLANT, V. MARGARET M. HECKLER, SECRETARY OF HEALTH AND HUMAN SERVICES, DEFENDANT-APPELLEE

11th Cir. | 1985-09-25
Nos. 84-7678, 84-8630
774 F.2d 428 Court of Appeals for the Eleventh Circuit (1985) Positive Treatment
Cited by 19 cases
Opinion of the Court
BY THE COURT:

BY THE COURT:

A member of this court in active service having requested a poll on the applications for rehearing en banc and a majority of the judges in this court in active service having voted in favor of granting a rehearing en banc,

IT IS ORDERED that this cause shall be reheard by this court en banc without oral argument on a date hereafter to be fixed. The previous panels’ opinions are hereby VACATED.

Cases With Similar Vibessemantic neighbors from the corpus

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  • MacGREGOR v. Bowen, 786 F.2d 1050 (11th Cir. 1986)
    …council, not the ALJ, to which we owe deference. See Beavers v. Secretary of Health, Education & Welfare, 577 F. 2d 383, 386 (6th Cir.1978); see also Hand v. Heckler, 761 F. 2d 1545, vacated and rehearing en banc granted sub nom. Parker v. Heckler, 774 F. 2d 428 (11th Cir.1985). Of course, our decision would be the same if deference were granted the ALJ since the ALJ recommended an award of benefits. . In brief, the Secretary argues that Flynn’s and Mooneyham’s testimony was unsupported by clinical evidenc…
  • L.G. Caulder, Jr. v. Bowen, 791 F.2d 872 (11th Cir. 1986)
    …of section 3(a)(1) of the Social Security Disability Benefits Reform Act of 1984, Pub.L. No. 98-460, 98 Stat. 1794. See Hand v. Heckler, 761 F. 2d 1545 (11th Cir.), vacated and rehearing en banc granted on other grounds sub. nom. Parker v. Heckler, 774 F. 2d 428 (11th Cir.1985). The Secretary as well as the district court are, of course, bound to apply the standard articulated in the new legislation. On remand, the Secretary must apply the new standard to this case in light of the new evidence and determi…
  • Razey v. Heckler, 785 F.2d 1426 (9th Cir. 1986)
    …ns of the administration’s initial factfinder. See also Parker v. Heckler, 763 F. 2d 1363 (11th Cir.1985) (following Newsome with one judge dissenting on the grounds that Baker states the better-reasoned approach), reh’g granted and opinion vacated, 774 F. 2d 428 (11th Cir.1985). Pams also reads § 404.970(a) to limit the Appeals Council’s discretion to initiate sua sponte review. The Parris court refused, however, to review the ALJ’s decision, reading § 404.970(a)(3) to require only that the Appeals Council…

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