Margarita TIRADO, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee

How courts have described this case

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

• recognizing possibility that retrospective diagnosis may reveal depth of illness existing but not fully appreciated at time of prior hearing, and remanding to district court to determine in first instance whether evidence should be presented to Secretary
• explaining that for evidence to be material, there must also be “a reasonable possibility that the new evidence would have influenced the Secretary to decide claimant’s application differently”
• recognizing possibility that retrospective diagnosis may reveal depth of illness existing but not fully appreciated at time of prior hearing, and remanding to district court to determine in first instance whether evidence should be presented to Secretary.
• new evidence is immaterial when there is no “reasonable possibility that the new evidence would have influenced the [Commissioner] to decide claimant’s application differently”
• “The concept of materiality requires . . . a reasonable possibility that the new evidence would have influenced the Secretary to decide the claimant’s application differently.”
• “The concept of materiality requires . . . a reasonable possibility that the new evidence would have influenced the Secretary to decide the claimant’s application differently.”

Source: CourtListener parenthetical corpus (CC0).