Elkins v. Astrue

2 Citing cases

  1. Sallyann S. v. Kijakazi

    C. A. 6:22-cv-03878-MGL-KFM (D.S.C. Jul. 13, 2023)

    As such, that the new evidence submitted by the plaintiff with her brief should not be considered in this matter. Though the court in Wilkins [ v. Sec'y of Health & Human Servs., 925 F.2d 769, 774 (4th Cir. 1991)] indicated in a parenthetical that Borders' four-part test had been superseded by 42 U.S.C. § 405(g), the Fourth Circuit has continued to cite Borders as the authority on the requirements for new evidence when presented with a claim for remand based on new evidence, and the U.S. Supreme Court has not suggested that the Borders construction of § 405(g) is incorrect.” Ashton v. Astrue, C/A No. TMD 09-1107, 2010 WL 3199345, at *3 n.4 (D. Md. Aug.12, 2010) (citing cases); see Elkins v. Astrue, C/A No. 4:10-2648-TER, 2012 WL 602779, at *4 n.3 (D.S.C. Feb. 24, 2012).

  2. Johnson v. Colvin

    Civil Action No. 6:14-541-BHH-KFM (D.S.C. Apr. 30, 2015)

    Ashton v. Astrue, C.A. No. TMD 09-1107, 2010 WL 3199345, at *3 n.4 (D. Md. Aug.12, 2010) (citing cases). See Elkins v. Astrue, C.A. No. 4:10-2648-TER, 2012 WL 602779, at *4 n.3 (D.S.C. Feb. 24, 2012) (same). --------