[Download] "Baker v. Director" by United States Court Of Appeals For The Sixth Circuit # eBook PDF Kindle ePub Free

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eBook details

• Title: Baker v. Director
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 27, 1989
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

Order In response to the Benefits Review Board's (BRB) decision to affirm the Administrative Law Judge's (ALJ) denial of benefits,
Claimant, by and through her son, requested the initiation of proceedings to modify the final decision issued by the ALJ and
the BRB. This request, however, was denied because Claimant failed to produce new evidence showing a mistake in the ALJ's
calculation of 23, rather than 25, years of coal mine employment. On Claimant's request, this matter was referred to the Office
of Administrative Law Judges for a hearing. On March 18, 1987, the ALJ granted Defendant's motion for summary judgment against
Claimant, holding that Claimant's request for modification must be denied pursuant to 20 C.F.R. 725.465(a)(3) as a matter
of law because Claimant had failed to submit any new evidence concerning the length of coal mine employment. The BRB affirmed
this decision. Claimant appeals the decision of the ALJ, affirmed by the BRB, claiming that the ALJ erred as a matter of law in applying
20 C.F.R. 725.456(a)(3) to her claim. Defendant agrees that the ALJ erred in rejecting claimant's modification request merely
because it was unaccompanied by new evidence and that the BRB erred in affirming the ALJ's decision. We agree with the parties
and adopt the reasoning set forth in Defendant's brief as the basis for our decision.

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