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Geyen v. Secretary of Health and Human Serv

United States Court of Appeals, Fifth Circuit
Jul 28, 1988
850 F.2d 263 (5th Cir. 1988)

Summary

holding that new evidence submitted at the district court stage must satisfy good cause before remand

Summary of this case from Toney v. Berryhill

Opinion

No. 88-4204. Summary Calendar.

July 28, 1988.

James Spruel, Jr., Gray, Spruel Burks, Lake Charles, La., for plaintiff-appellant.

Robert Crowe, Office of Gen. Counsel, Dept. of HHS, Baltimore, Md., for defendant-appellee.

Appeal from the United States District Court for the Western District of Louisiana.

Before GEE, GARWOOD and JONES, Circuit Judges.


Having pressed a disability claim through the administrative process and beyond on the basis of a claimed knee injury, Mr. Geyen moved the district court to remand his appeal to the Secretary for consideration of newly produced evidence that he is mentally retarded. He complains to us of the denial of that motion. It is, however, the settled law of our Circuit that new evidence is not the requisite good cause for such a remand unless a proper explanation is given of why it was not submitted earlier. Chaney v. Schweiker, 659 F.2d 676 (5th Cir. 1981). The explanation offered by Geyen — that he obtained new counsel after the administrative process concluded, counsel who sent him to a psychologist — is not the sort upon which we can hold the trial court in error. Such a rule would require that court to order a new beginning in such a matter whenever an applicant acquires a new lawyer with a new idea. We decline to adopt such a general rule.

We have examined Mr. Geyen's other points for reversal and find them lacking in merit. As the magistrate's careful report indicates, and as numerous examining physicians have noted, his "symptoms seem to outweigh his signs" and the overwhelming weight of the evidence indicates that he is not disabled.

AFFIRMED.


Summaries of

Geyen v. Secretary of Health and Human Serv

United States Court of Appeals, Fifth Circuit
Jul 28, 1988
850 F.2d 263 (5th Cir. 1988)

holding that new evidence submitted at the district court stage must satisfy good cause before remand

Summary of this case from Toney v. Berryhill

holding that obtaining new counsel was insufficient to show good cause because "[s]uch a rule would require court to order a new beginning ... whenever an applicant acquires a new lawyer with a new idea"

Summary of this case from Jones v. Colvin

declining to adopt a general rule that required remand "whenever applicant acquires a new lawyer with a new idea"

Summary of this case from Jackson v. Colvin

refusing to remand case just because plaintiff hired "a new lawyer with a new idea"

Summary of this case from Lister v. Astrue
Case details for

Geyen v. Secretary of Health and Human Serv

Case Details

Full title:VERNON E. GEYEN, PLAINTIFF-APPELLANT, v. SECRETARY OF HEALTH AND HUMAN…

Court:United States Court of Appeals, Fifth Circuit

Date published: Jul 28, 1988

Citations

850 F.2d 263 (5th Cir. 1988)

Citing Cases

Toney v. Berryhill

Indeed, the cases that the Commissioner cites for this good-cause requirement all concern new evidence…

Anderson v. Berryhill

In order to merit a remand, the new evidence must meet three criteria: (1) it must be new, and not cumulative…