United States Ninth Circuit

An Administrative Law Judge (ALJ) need not have recused himself from hearing a Social Security claimant's application for disability benefits, because the "appearance of impropriety" standard of 28 U.S.C. section 455(a) does not apply to an ALJ, and appellant failed to show actual bias. Denial of benefits is affirmed.

Appellate Information

• Argued 05/07/2003
• Decided 07/28/2003
• Published 07/28/2003

Judges

• LAY, Circuit Judge., Before: LAY,WALLACE, and TALLMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David B. Lowry, Portland, OR, for the plaintiff-appellant.


• For Appellees:
  
• Daphne Banay, Assistant Regional Counsel, Social Security Administration, Seattle, WA, for the defendant-appellee.