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Sims v. Apfel
No. 98-60126 (5th Cir. Aug. 15, 2000); 120 S.Ct. 2080 (U.S. June 5, 2000) ; Clearinghouse Number: 53049
Description
Supreme Court Holds That Social Security Claimants Need Not Exhaust Issues to Preserve Them for Judicial Review
Abstract
The U.S. Supreme Court held that social security claimants who
exhausted administrative remedies need not present issues in a
request for Appeals Council review in order to preserve judicial
review of those issues. Petitioner, alleging a variety of ailments,
applied for disability and Supplemental Security Income benefits
under the Social Security Act. The state agency and an
administrative law judge denied her claims. The Appeals Council
denied her request for review, and the district court affirmed
denial of benefits. In an unpublished opinion, the Fifth Circuit
affirmed, concluding that it lacked jurisdiction over two of
petitioner’s three contentions on the administrative law
judge’s errors because petitioner had not raised them in her
request for review by the Appeals Council. Reversing and remanding
the Fifth Circuit opinion, the Supreme Court noted that neither
statute nor regulations required issue exhaustion. It found that,
in the absence of a statute or regulation, an issue-exhaustion
requirement might be judicially imposed as an analogy to the rule
that appellate courts would not consider arguments not raised
before trial courts. Where the parties were expected to develop the
issues in an adversarial administrative proceeding, the rationale
for requiring issue exhaustion was at its greatest; where an
administrative proceeding was not adversarial, the reasons for a
court to require issue exhaustion were much weaker. In this case,
because Social Security Administration review proceedings were
informal, nonadversarial, investigative proceedings in which the
Appeals Council, not claimant, had primary responsibility for
identifying and developing the issues, the Supreme Court held that
a judicially created issue-exhaustion requirement was
inappropriate.
