Constitutional issues raised in US Court of Appeals

[pudding man]

Greetings,

I have a Social Security Disability case (based on "pain") in US Court of Appeals
and very recently denied.

That case includes constitutional challenges (3) to certain Social Security
rules, practices, etc. Such challenges were not presented in any lower
court.

The US Court of Appeals claims license to ignore such challenges:

"Finally, we decline to consider the arguments Appellant raises for the first
time on appeal. See Flynn v. Chater, 107 F.3d 617, 620 (8th Cir. 1997)
(argument first raised on appeal need not be considered unless manifest
injustice would otherwise result)."

Flynn v. Chater involves an issue of "fact" raised on appeal:

"On appeal, Flynn makes four arguments. First, Flynn contends that
the ALJ failed to make specific findings of fact regarding claimant’s
impairments.
Flynn concedes he raises this issue for the first time on appeal.
Ordinarily, issues raised for the first time on appeal will not be
considered unless the claimant can show that manifest injustice would
otherwise result"

Question 1:
Does the US Court of Appeals have Carte Blanche to ignore with impunity
both issues of "fact" -and- issues of "law" that were not put before
the lower court? Emphasis on issues of "law": the "substantial
evidence" rule seems to cover issues of "fact" in practical terms.

Question 2:
Where can I find legal definitions of "manifest injustice"? If the
Social Security Admin. has been running an experimental program that
violates certain constitutional guarantees for 10 years, would that
qualify? As a personal civil action? As a class action?

I am "pro se" and "informa pauperis" (sp?) and need all the help I
can find.

Does anyone know of discussion group(s) dealing with higher order
federal court cases/procedures, etc? Is this a proper forum?

Thanks,
Puddin'

[Traveling_Home]

1. There are a few out on the web that offer .......

forums that are aimed at lawyers, ALJs, etc rather than the more typical forums that are primarily used to recruit clients. The problem with the more technical ones is that they often don't appreciate us amateurs using them since we often ask questions that even a beginning SSA practioner would know.

Here's one site - http://www.ssaconnect.com/

Good luck.

[pudding man]

2. Thanks ...

Thanks for the pointer.

It was definitely worth taking a peek ...

Near as I can tell, ssaconnect is David Traver's personal fiefdom.
He seems steeped in assembly-line ssa law, and much enjoys mindless
put-downs.

Cheers,
Puddin'