Henry L. Daniels v. Secretary of Health and Human Services

Sixth Circuit

Henry L. Daniels v. Secretary of Health and Human Services

825 F.2d 410, 1987 U.S. App. LEXIS 10295, 1987 WL 37857

CourtCourt of Appeals for the Sixth Circuit

DecidedAugust 3, 1987

Docket87-1542

StatusUnpublished

This text of 825 F.2d 410 (Henry L. Daniels v. Secretary of Health and Human Services) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Henry L. Daniels v. Secretary of Health and Human Services, 825 F.2d 410, 1987 U.S. App. LEXIS 10295, 1987 WL 37857 (6th Cir. 1987).

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825 F.2d 410

Unpublished Disposition
NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.
Henry L. DANIELS, Plaintiff-Appellant,
v.
SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

No. 87-1542

United States Court of Appeals, Sixth Circuit.

Aug. 3, 1987.

ORDER

Before KENNEDY, JONES and NELSON, Circuit Judges.

This appeal has been referred to this panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit.

Plaintiff has appealed from the order of the district court remanding the action to the Secretary of Health and Human Services for further proceedings regarding the Secretary's conclusion that plaintiff's nonexertional limitations do not limit his capacity for light work. An order remanding a case to have an agency reconsider the matter or receive additional evidence is not appealable. Whitehead v. Califano, 596 F.2d 1315 (6th Cir. 1979); Dalto v. Richardson, 434 F.2d 1018 (2d Cir. 1970), cert. denied, 401 U.S. 979 (1971); Bohms v. Gardner, 381 F.2d 283 (8th Cir. 1967), cert. denied, 390 U.S. 964 (1968).

It is ORDERED that the appeal be and hereby is dismissed for lack of jurisdiction. Rule 9(b)(1), Rules of the Sixth Circuit.

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825 F.2d 410

Unpublished Disposition
NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.
Henry L. DANIELS, Plaintiff-Appellant,
v.
SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

No. 87-1542

United States Court of Appeals, Sixth Circuit.

Aug. 3, 1987.

ORDER

Before KENNEDY, JONES and NELSON, Circuit Judges.

This appeal has been referred to this panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit.

Plaintiff has appealed from the order of the district court remanding the action to the Secretary of Health and Human Services for further proceedings regarding the Secretary's conclusion that plaintiff's nonexertional limitations do not limit his capacity for light work. An order remanding a case to have an agency reconsider the matter or receive additional evidence is not appealable. Whitehead v. Califano, 596 F.2d 1315 (6th Cir. 1979); Dalto v. Richardson, 434 F.2d 1018 (2d Cir. 1970), cert. denied, 401 U.S. 979 (1971); Bohms v. Gardner, 381 F.2d 283 (8th Cir. 1967), cert. denied, 390 U.S. 964 (1968).

It is ORDERED that the appeal be and hereby is dismissed for lack of jurisdiction. Rule 9(b)(1), Rules of the Sixth Circuit.

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825 F.2d 410, 1987 U.S. App. LEXIS 10295, 1987 WL 37857, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henry-l-daniels-v-secretary-of-health-and-human-services-ca6-1987.

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