The court pointed out that 20 C.F.R. § 404.935(a) requires a claimant to submit “written evidence” within 5 business days before the hearing, and that the mere fact that a claimant has an appointment in the future is not “written evidence” that “relates to whether or not [claimant was] disabled.” No. 19-CV-1322, 2020 WL 6710568, at *3 (D. Ore. Nov. 16, 2020).Id. (quoting 20 C.F.R. 4041512(a)).
The mere fact that Plaintiff had been referred to undergo an MRI was not “written evidence” any more than the fact of the referral, in and of itself and without any accompanying results, would be evidence that “. relates to whether or not [plaintiff was] disabled” as described in 20 C.F.R. §§404.1512(a) and 416.912(a). See Curtis v. Saul, No. 19-CV-1322, 2020 WL 6710568 at *3 (D. Ore. Nov. 16, 2020). Indeed, even at this late date the Court is unaware whether the MRI was ever even performed.