Harvey B. RAZEY, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee

After receiving a favorable decision from an administrative law judge upon his claim for disability benefits, Harvey B. Razey was notified by the Appeals Council of the Social Security Administration that his claim had been reviewed and denied pursuant to 20 C.F.R. §§ 404.969 and 404.970 (1985). He appealed to the district court and now appeals its grant of summary judgment in favor of the Secretary. We affirm.

I. The Appeals Council’s Authority to Review the Case.

Razey’s principal argument is that the Appeals Council lacked the authority to review the AU’s grant of disability benefits to him. He argues that 20 C.F.R. § 404.970 (a) (1985), which sets forth four grounds upon which the Appeals Council “will review” an AU’s decision, limits the authority of the Appeals Council to initiate sua sponte review of an ALJ’s decision to cases falling within one of those four categories. The circuits do not agree on the exclusivity of § 404.970(a). Compare Lopez-Cardona v. Secretary of Health and Human Services, 747 F.2d 1081 (1st Cir.1984) and Baker v. Heckler, 730 F.2d 1147 (8th Cir.1984) with Scott v. Heckler, 768 F.2d 172 (7th Cir.1985) and Newsome v. Secretary of Health and Human…