Unpublished Dispositionjoyce Cobern, Plaintiff-appellant, v. Secretary of Health and Human Services, Defendant-appellee, 798 F.2d 1413 (6th Cir. 1986)

Before KENNEDY, WELLFORD and MILBURN, Circuit Judges.

ORDER

This matter is before the Court upon a motion by appellee, Secretary of Health and Human Services, to remand appellant's claim for social security disability benefits for reconsideration pursuant to newly-promulgated mental impairment regulations. The motion is unopposed.

Sections 5(b) (1) and 5(c) (1) of the Social Security Disability Benefits Reform Act of 1984, Pub. L. No. 98-460, require appellee to reexamine any claim based upon the occurrence of a mental disorder when: 1) an initial administrative determination to deny benefits was made prior to October 9, 1984, the date of the statute's enactment; and 2) administrative or judicial review of that decision was either filed for or pending on or after June 7, 1983. Appellant's claim clearly falls within that classification as the initial denial of benefits was entered on June 8, 1983, with her appeal from that decision being filed thereafter. The language of Pub. L. No, 98-460, Sections 5(b) (1) and 5(c) (1) is mandatory and the case must therefore be remanded.