Mines v. Sullivan

981 F.2d 1068 Unempl.Ins.Rep. (CCH) P 17136A Robert A. MINES; Carolyn J. Howard; Gary Roberts, and a class of persons similarly situated, Plaintiffs-Appellants, v. Louis W. SULLIVAN * , Secretary of the Department of Health and Human Services, Defendant-Appellee. No. 91-55034. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 5, 1992. Decided Dec. 15, 1992. Kim Savage and Jeanne Finberg, Los Angeles, CA, for plaintiffs-appellants. Edward R. Cohen, U.S. Dept. of Justice, Washington, DC, for defendant-appellee. Appeal from the United States District Court for the Central District of California. Before: FARRIS, LEAVY, and TROTT, Circuit Judges. TROTT, Circuit Judge: 1 The issue in this case is whether the Appeals Council of the Department of Health and Human Services ("Appeals Council") may reopen a decision of an Administrative Law Judge ("ALJ") for errors of law pursuant to 20 C.F.R. §§ 404.988 , 404.989, 416.1488, and 416.1489 (1992), or whether reopening under these sections is limited to addressing errors of fact. The district court granted the appellee's motion for summary judgment and held the Appeals Council could reopen a final decision of an…