context: Other courts, however, have neglected to restrict the "good cause" test to claimants alone, opting instead to apply the "good cause" test to both the claimant and the Commissioner.
citation_a.signal: see also
citation_a.identifier: 1994 WL 414299, at *2
citation_a.parenthetical: denying the Commissioner's motion to remand where the plaintiff has not consented to remand and where the Commissioner failed to introduce new and material evidence and show good cause why the evidence was not introduced at the prior administrative proceeding
citation_a.sentence: See Schaefer, — U.S. at -, 113 S.Ct. at 2629 (construing the statutory language as allowing a remand “where new, material evidence is adduced that was for good cause not presented before the agency”); see also Formica, Civ. No. 2:92CV00084(AHN), 1994 WL 414299, at *2 (denying the Commissioner’s motion to remand where the plaintiff has not consented to remand and where the Commissioner failed to introduce new and material evidence and show good cause why the evidence was not introduced at the prior administrative proceeding); Hodges v. Secretary of HHS, No. 87-CV-625, 1989 WL 281926, at *5 n. 3 (N.D.N.Y. Nov. 15, 1989) (denying remand where the Commissioner failed to show the existence of new, material evidence and good cause for failure to obtain such evidence for the record); Rivera Sanchez v. Secretary of HHS, 786 F.Supp. 147, 149 (D.P.R.1992) (finding Commissioner’s motion to remand presented good cause for remand where the ALJ needed to “further develop the evidence regarding plaintiffs back disorder, psychiatric condition and mental residual functional capacity, as well as further develop the vocational evidence as necessary”); Spurlock, 783 F.Supp. at 478 (requiring Commissioner to show good cause for failing to consider new evidence in the prior proceedings).
citation_b.signal: see
citation_b.identifier: 113 S.Ct. 2629, 2629
citation_b.parenthetical: construing the statutory language as allowing a remand "where new, material evidence is adduced that was for good cause not presented before the agency"
citation_b.sentence: See Schaefer, — U.S. at -, 113 S.Ct. at 2629 (construing the statutory language as allowing a remand “where new, material evidence is adduced that was for good cause not presented before the agency”); see also Formica, Civ. No. 2:92CV00084(AHN), 1994 WL 414299, at *2 (denying the Commissioner’s motion to remand where the plaintiff has not consented to remand and where the Commissioner failed to introduce new and material evidence and show good cause why the evidence was not introduced at the prior administrative proceeding); Hodges v. Secretary of HHS, No. 87-CV-625, 1989 WL 281926, at *5 n. 3 (N.D.N.Y. Nov. 15, 1989) (denying remand where the Commissioner failed to show the existence of new, material evidence and good cause for failure to obtain such evidence for the record); Rivera Sanchez v. Secretary of HHS, 786 F.Supp. 147, 149 (D.P.R.1992) (finding Commissioner’s motion to remand presented good cause for remand where the ALJ needed to “further develop the evidence regarding plaintiffs back disorder, psychiatric condition and mental residual functional capacity, as well as further develop the vocational evidence as necessary”); Spurlock, 783 F.Supp. at 478 (requiring Commissioner to show good cause for failing to consider new evidence in the prior proceedings).