DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
111882P.pdf 02/15/2012 Carl Whitney v. Michael J. Astrue
U.S. Court of Appeals Case No: 11-1882
U.S. District Court for the Eastern District of Arkansas - Jonesboro
[PUBLISHED] [Shepherd, Author, with Riley, Chief Judge and Melloy,
Circuit Judge]
Civil case - Social Security. Remanded to the district court to permit
the court to determine whether claimant properly submitted new evidence
under 20 C.F.R. Sec. 404.970(b); if the court finds the report was timely
submitted, it should remand the case to the Appeals Council for a
determination as to whether the evidence is new, material and relates to
the period on or before the ALJ's decision and, if these requirements are
found to be satisfied, for consideration with all of the other evidence in
the administrative record. Chief Judge Riley, concurring in part and
dissenting in part.