John Banks V. Sec'y HHS
Date:
District court erred in sua sponte, affirming denial of benefits without affording claimant an opportunity to brief the issues in the case. Follows holdings of 4th, 5th and 6th circuits. Claimant filed a Rule 59(e) motion to alter or amend the judgment after district court's affirmance and appealed to circuit court when district court denied the motion.