United States DC Circuit

Denial of a non-citizen's application for disability benefits under the Social Security Act is affirmed based on the pre-remand administrative record, notwithstanding the district court's unlawful remand to an agency that failed to fulfill its regulatory responsibilities to assist the applicant.

Appellate Information

• Argued 03/11/2003
• Decided 05/16/2003
• Published 05/16/2003

Judges

• Before:  RANDOLPH and ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Paul Schiff Berman, appointed by the court, argued the cause and filed the briefs for appellant.


• For Appellees:
  
• Fred E. Haynes, Assistant U.S. Attorney, argued the cause for appellee.   With him on the brief were Roscoe C. Howard, Jr., U.S. Attorney, R. Craig Lawrence, Mark E. Nagle, Kenneth Leonard Wainstein, Doris D. Coles-Huff and Paul Mussenden, Assistant U.S. Attorneys, and Daniel Balsam, Attorney, Social Security Administration.