United States Ninth Circuit

In an action for Social Security benefits, the district court's judgment affirming of the Commissioner of Social Security's final decision denying plaintiff's disability benefits under Title II of the Social Security Act, 42 U.S.C. sections 401-434, is reversed where the Commissioner's decision is not supported by substantial evidence, because when a claimant submits evidence for the first time to the Appeals Council, which considers that evidence in denying review of the ALJ's decision, the new evidence is part of the administrative record, which the district court must consider in determining whether the Commissioner's decision is supported by substantial evidence.

Appellate Information

• Decided 06/14/2012
• Published 06/14/2012

Judges

• Fisher

Court

• United States Ninth Circuit

Counsel