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Georgia District Court Remands

Osterhout Berger Daley > Case Summaries  > Georgia District Court Remands

Georgia District Court Remands

March 31, 2017.  After the ALJ denied benefits, the claimant submitted additional evidence to the Appeals Council regarding his gastrointestinal impairment and diabetes (including a medical source statement from the claimant’s treating provider), however, the Appeals Council found that this evidence was not reasonably likely to change the ALJ’s decision and declined to vacate the ALJ’s decision.  The district court found that this was error; the evidence submitted to the Appeals Council was new, material, and chronologically relevant and the Appeals Council erred by simply acknowledging it but making no further mention of it in is review.  The case was revered and remanded for further proceedings.