Marilyn LISA, Plaintiff-Appellant, v. SECRETARY OF the DEPARTMENT OF HEALTH AND HUMAN SERVICES OF the UNITED STATES, Defendant-Appellee

How courts have described this case

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

• noting that the Court has “repeatedly” observed that evidence of an applicant’s condition after the DLI “is pertinent” to the applicant’s pre-DLI impairment
• finding that a diagnosis that emerged after the close of administrative proceedings was material because it “shed[] considerable new light on the seriousness” of the claimant’s condition
• applying the three-part showing summarized in Tirado v. Bowen to new evidence introduced at the district court
• finding new evidence “would present a reasonable possibility of influencing the Secretary to decide [the plaintiff’s] application differently,” and “would suggest that [Plaintiff] had an impairment substantially more severe than was previously diagnosed”
• appellant must “adequately explain her failure to incorporate the proffered evidence into the administrative record”
• evidence that claimant suffered from fibromyalgia, a rheumatic disease, was material because it suggested that claimant had an impairment substantially more severe than previously diagnosed

Source: CourtListener parenthetical corpus (CC0).