Whitney v. Astrue, No. 11-1882 (8th Cir. 2012)
Annotate this CaseAppellant appealed the district court's affirmance of the Social Security Commissioner's decision to deny him disability benefits and supplemental security income (SSI) under the Social Security Act, 42 U.S.C. 423, 1382. On appeal, defendant claimed that the district court should have found that he submitted a medical report from Dr. Mary Ellen Ziolko to the Appeals Council that was not considered and this case should therefore have been remanded to the Appeals Council for consideration of the new and material evidence. The court agreed that the district court should have determined whether appellant submitted the new evidence under 20 C.F.R. 404.970(b), and thus the court remanded to the district court to make that determination.
Court Description: Civil case - Social Security. Remanded to the district court to permit the court to determine whether claimant properly submitted new evidence under 20 C.F.R. Sec. 404.970(b); if the court finds the report was timely submitted, it should remand the case to the Appeals Council for a determination as to whether the evidence is new, material and relates to the period on or before the ALJ's decision and, if these requirements are found to be satisfied, for consideration with all of the other evidence in the administrative record. Chief Judge Riley, concurring in part and dissenting in part.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.