Rita Arguijo Garcia v. Frank Bisignano, Commissioner of Social Security
SocialSecurity DueProcess FourthAmendment
Whether Social Security regulations that permit a claimant to submit new evidence to the Appeals Council and receive a protective filing date violate due process and equal protection
| Whether the Social Security Regulations and | Ruling, permitting a claimant who submits new, | irrelevant and immaterial evidence to the | Appeals Council, a protective filing date as of the | date of his or her Request for Review to the | Appeals Council, but does not afford the same protection to other claimants, such as the Petitioner herein, who would have presumptively qualified for SSI benefits, if she were permitted to make an application, violates the due process and | equal protection clauses of the 5th and 14th Amendments to the U.S. Constitution. |