Kentucky-West Virginia Gas Co. v. Charles

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the ALJ’s failure to develop the record is only an error when the claimant can demonstrate that decision was prejudicial by pointing to “additional evidence the ALJ should have considered” or where the claimant could have made “a new argument based on existing evidence.”
• finding that “allowing a claimant to secure a remand for failing to develop the record without any showing of prejudice would allow a back door around the materiality requirement of a sentence six remand.”
• Adopting Report and Recommendation that claimant’s appeal be denied where claimant alleged the ALJ should have obtained additional medical records, but did not proffer those records into evidence before the Appeals Council or Court
• “[T]he Third Circuit has repeatedly and clearly enunciated a prejudice requirement in the context of an ALJ's requirement to develop the record.”
• “However, even if the ALJ errs in developing the factual record, the Plaintiff must show clear evidence of prejudice from this error[.]” (citing Livingston, 614 F.2d at 345)

Source: CourtListener parenthetical corpus (CC0).