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Mills v. Apfel

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APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE [Hon. D. Brock Hornby, U.S. District Judge]

This is an appeal from a denial of social security benefits for disability and presents an issue on which the circuits are divided, namely, the treatment of proffers of new evidence on administrative review after the initial administrative decision. The claimant is Wanda Mills. Her present application for benefits was filed on December 23, 1996, and ultimately a hearing before an administrative law judge (“ALJ”) was held on November 17, 1997, at which Mills was represented by counsel.

At the hearing, the controlling question was whether Mills was subject to a “disability,” which had lasted or could be expected to last at least 12 months and which created an “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment.” 42 U.S.C. � 423(d)(1)(A) (1994). Complex regulations, administered by the Commissioner of Social Security (the “Commissioner”), prescribe substantive standards and a five-step protocol for making a disability decision. Goodermote v. Sec’y of Health & Human Servs., 690 F.2d 5, 6-7 (1st Cir. 1982); 20 C.F.R. �� 404.1520, 416.920 (physical impairments); 404.1520(a), 416.920(a) (mental impairments) (2000). *fn1

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