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Editing Social Security/Judicial Review of Agency Decisions
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{{:Social Security/TOC | {{:Social Security/TOC}} | ||
== Overview == | == Overview == | ||
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Most of the other circuit courts employ similar verbal formulae when faced with a government argument of harmless error. However, the degrees of the "burden to show prejudice" they place on the claimant vary considerably. | Most of the other circuit courts employ similar verbal formulae when faced with a government argument of harmless error. However, the degrees of the "burden to show prejudice" they place on the claimant vary considerably. | ||
== Treatment of New Evidence Submitted to the Appeals Council == | == 11. Treatment of New Evidence Submitted to the Appeals Council == | ||
When the claimant has submitted new evidence to the Appeals Council pursuant to [https://www.law.cornell.edu/rio/citation/20_C.F.R._§_404.907 20 C.F.R. § 404.907], but the Appeals Council has declined to review the ALJ's decision, two issues arise upon subsequent judicial review: | When the claimant has submitted new evidence to the Appeals Council pursuant to [https://www.law.cornell.edu/rio/citation/20_C.F.R._§_404.907 20 C.F.R. § 404.907], but the Appeals Council has declined to review the ALJ's decision, two issues arise upon subsequent judicial review: | ||
# whether the new evidence is part of the record against which the court will perform "substantial evidence" review, and | # whether the new evidence is part of the record against which the court will perform "substantial evidence" review, and | ||
# whether the Appeals Council denial of review is itself subject to judicial review. | # whether the Appeals Council denial of review is itself subject to judicial review. | ||
The U.S. Circuit Courts of Appeals are divided on these questions. | The U.S. Circuit Courts of Appeals are divided on these questions. |