20 C.F.R. § 404.974
Obtaining evidence from Appeals Council
You may request and receive copies or a statement of the documents or other written evidence upon which the hearing decision or dismissal was based and a copy or summary of the transcript of oral evidence. However, you will be asked to pay the costs of providing these copies unless there is a good reason why you should not pay.
Notes of Decisions
Cited in 6
cases, 1967–2005 · leading case: 20 soc.sec.rep.ser. 511, unempl.ins.rep. Cch 17,960 Eddie K. Baker v. Otis R. Bowen, M.D., Sec'y of Health & Human Servs., Elwyn R. Shugart v. Otis Bowen, M.D., Sec'y of Health & Human Servs., David W. Stibbins v. Otis R. Bowen, M.D., Sec'y, Dept. Of Health & Human Servs., Thomas E. MacHen v. Otis R. Bowen, M.D., Sec'y of Health & Human Servs., Mary F. Phillips v. Otis R. Bowen, M.D., Sec'y of Health & Human Servs., 839 F.2d 1075 (5th Cir. 1988).
20 soc.sec.rep.ser. 511, unempl.ins.rep. Cch 17,960 Eddie K. Baker v. Otis R. Bowen, M.D., Sec'y of Health & Human Servs., Elwyn R. Shugart v. Otis Bowen, M.D., Sec'y of Health & Human Servs., David W. Stibbins v. Otis R. Bowen, M.D., Sec'y, Dept. Of Health & Human Servs., Thomas E. MacHen v. Otis R. Bowen, M.D., Sec'y of Health & Human Servs., Mary F. Phillips v. Otis R. Bowen, M.D., Sec'y of Health & Human Servs., 839 F.2d 1075 (5th Cir. 1988). “14 The district court denied an award for bad faith because, it reasoned, the petitioner could have easily determined that the hearing tape was missing by making a routine request, under 20 C.F.R. 404.974, for a copy of the tape and that the government had no duty to notify the…”
Baker v. Bowen, 839 F.2d 1075 (5th Cir. 1988). “The district court denied an award for bad faith because, it reasoned, the petitioner could have easily determined that the hearing tape was missing by making a routine request, under 20 C.F.R. 404.974, for a copy of the tape and that the government had no duty to notify the…”
Quality Care Med. Equip. Co. v. Bowen (In Re Quality Care Med. Equip. Co.), 92 B.R. 117 (E.D. Pa. 1988). “It must be filed with the Appeals Council, and it must give the reasons why the request for review was not filed within the stated time period.”
Davis v. Sec'y of Health, Educ. & Welfare of the United States, 320 F. Supp. 1293 (N.D. Miss. 1970). “subchapter who was represented before the court by an attorney, the court may determine and allow as part of its judgment a reasonable fee for such representation, not in excess of 25 percent of the total of the past-due benefits to which the claimant is entitled by reason of…”
Elliott v. Gardner, 279 F. Supp. 875 (N.D. Ohio 1967). “This seems to be the meaning and effect of 20 C.F.R. § 404.974 (1967) which states: Any service rendered by any representative in connection with any proceeding before any State or Federal court shall not be considered services in any proceeding * * * for purposes of * * * § 404.”
Spence v. Barnhart, 159 F. App'x 593 (5th Cir. 2005). “See 20 C.F.R. § 404.974 . Ms. Spence did not make such a request to the Appeals Council.”
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