United States Third Circuit

Only new and material evidence, where good cause exists for not producing the evidence earlier, may be reviewed by the district court or serve as the basis for a remand to the Commissioner, unless the evidence was earlier presented to the Administrative Law Judge.

Appellate Information

• Decided 02/08/2001
• Published 02/08/2001

Judges

• Before SLOVITER, SCIRICA and ALITO, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Kenneth M. Kapner,Law Offices of Kenneth M. Kapner, Philadelphia, PA;  Thomas D. Sutton (Argued), Leventhal & Sutton, Langhorne, PA, Attorneys for Appellant.


• For Appellees:
  
• James A. Winn, Regional Chief Counsel, David F. Chermol (Argued), Assistant Regional Counsel, Office of the General Counsel, Social Security Administration;  Michael R. Stiles, United States Attorney, Joan Garner, Assistant United States Attorney, Eastern District of Pennsylvania, Philadelphia, PA, Attorneys for Appellee.