Alfred F. Bohms applied for a period of disability and disability insurance benefits in August 1963. His claim was denied following a hearing by a hearing examiner. He appealed and his appeal was denied by the Appeals Council. He filed a civil suit in federal district court.

Both Bohms and the Secretary of Health and Human Services (who headed social security at the time) filed motions for summary judgment. The district court judge denied the motions and demanded the case for a rehearing. The judge reasoned that additional evidence needed to be taken. He also expressed reservations about the legal standard employed by the hearing examiner and the claimant’s confusion at the hearing, being unrepresented by an attorney at the time.

Bohms obtained an attorney and appealed the remand order, arguing that the judge should have awarded benefits.

However, the 8th Circuit Court of Appeals held that the remand order was not a final, appealable order because the decision on the merits was still pending a rehearing.

See Bohms v. Gardner, 381 F.2d 283 (8th Cir. 1987), Cert. Denied 390 U.S. 964 U.S. March 4 (1968).

See also Social Security Ruling (SSR) 68-57c.

This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.