United States Tenth Circuit

Appeals Council erred in refusing to consider new, material, and chronologically pertinent evidence submitted by plaintiff pursuant to 20 C.F.R. 404.970(b). It is reasonably possible that the results of an MRI administered before the original ALJ decision would have changed the determination that plaintiff is no longer disabled.

Appellate Information

• Decided 12/31/2003
• Published 12/31/2003

Judges

• SEYMOUR, Circuit Judge., Before SEYMOUR, BRISCOE, and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Catherine Zilahy of Perrine, McGivern, Redemann, Reid, Berry & Taylor, P.L.L.C., Tulsa, OK, for Plaintiff-Appellant.


• For Appellees:
  
• Shelton J. Sperling, United States Attorney;  Tina M. Waddell, Chief Counsel, Region VI;  Michael McGaughran, Deputy Chief Regional Counsel;  Linda H. Green, Assistant Regional Counsel, Office of the General Counsel, United States Social Security Administration, Dallas, TX, for Defendant-Appellee.