Percy Burton v. Margaret Heckler, Sec'y of Health & Human Servs., 724 F.2d 1415 (9th Cir. 1984). · Go Syfert
Percy Burton v. Margaret Heckler, Sec'y of Health & Human Servs., 724 F.2d 1415 (9th Cir. 1984). Cases Citing This Book View Copy Cite
“the good cause requirement often is liberally 8 applied, where, as in the present case, there is no indication that a remand for consideration of new 9 evidence will result in prejudice to the secretary.”
54 citation events (25 in the last 25 years) across 14 distinct courts.
Strongest positive: Colorado v. Saul (cand, 2022-02-14)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 35 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Colorado v. Saul
N.D. Cal. · 2022 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
the good cause requirement often is liberally 8 applied, where, as in the present case, there is no indication that a remand for consideration of new 9 evidence will result in prejudice to the secretary.
discussed Cited as authority (quoted) Killman v. Dudek
D. Nev. · 2025 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence low
we hold that the fact that the evidence did not exist at the time of the alj's decision 25 establishes good cause for 's failure to introduce it before the alj.
discussed Cited as authority (quoted) Gordon v. Berryhill
N.D. Cal. · 2019 · quote attribution · 1 verbatim quote · confidence low
the good cause requirement 8 often is liberally applied, where . . . there is no indication that a remand for consideration 9 of new evidence will result in prejudice to the secretary.
cited Cited as authority (rule) Matthew B. v. Frank Bisignano, Commissioner of Social Security
E.D. Wash. · 2026 · confidence medium
Burton v. Heckler, 724 F.2d 1415, 1417 (9th Cir. 6 1984).
discussed Cited as authority (rule) Burnett v. Kijakazi (CONSENT)
M.D. Ala. · 2022 · confidence medium
Good cause may exist where “the evidence does not exist at the time of the administrative proceeding.” Cherry, 760 F.2d at 1192 (11th Cir. 1985) (citing Burton v. Heckler, 724 F.2d 1415, 1418 (9th Cir. 1984)).
discussed Cited as authority (rule) Held v. Colvin (2×)
N.D. Cal. · 2015 · confidence medium
Burton v. Heckler, 724 F.2d 1415, 1417 (9th Cir.1984) (citation omitted).
discussed Cited as authority (rule) Galligan v. Astrue (2×) also: Cited "see, e.g."
D. Ariz. · 2009 · confidence medium
Moreover, “the new evidence offered must bear directly and substantially on the matter in dispute.” Burton, 724 F.2d at 1417 (new evidence was material where the issue had been expressly considered by the ALJ and was “squarely before the Appeals Council....”).
cited Cited as authority (rule) Romanelli v. Astrue
9th Cir. · 2008 · confidence medium
Burton v. Heckler, 724 F.2d 1415, 1417 (9th Cir.1984).
cited Cited as authority (rule) Musheg Agesyan v. Kenneth S. Apfel , Commissioner of the Social Security Administration
9th Cir. · 1998 · confidence medium
Burton v. Heckler, 724 F.2d 1415, 1418 (9th Cir.1984).
cited Cited as authority (rule) Annie M. Clegg v. John J. Callahan, Acting Commissioner of Social Security Administration
9th Cir. · 1997 · confidence medium
Burton v. Heckler, 724 F.2d 1415, 1417 (9th Cir.1984).
cited Cited as authority (rule) Larry M. Nelson v. Donna E. Shalala, Secretary, Health & Human Services
9th Cir. · 1994 · confidence medium
Burton v. Heckler, 724 F.2d 1415, 1417 (9th Cir.1984); 42 U.S.C.
discussed Cited as authority (rule) Lawrence Rathbun v. Donna E. Shalala , Secretary of Health and Human Services (2×) also: Cited "see"
9th Cir. · 1993 · confidence medium
The evidence in category (b) included Veteran's Administration progress notes depicting Rathbun's vertigo, loss of balance, nausea, and fatigue; notes from Dr. Williams that deal with fatigue, vertigo, and ataxia; a report from Dr. Larson diagnosing Rathbun as suffering from major depression; a report from Dr. Kocer regarding Rathbun's physical functioning; and notes from Dr. Malee and Ms. Baldwin opining that Rathbun is unemployeable "at this time." 7 "To meet the materiality requirement, the new evidence offered must bear directly and substantially on the matter in dispute." Burton v. Heckle…
discussed Cited as authority (rule) Creighton v. Sullivan
N.D. Ind. · 1992 · confidence medium
Milano 809 F.2d at 766-67 ; Cherry v. Heckler, 760 F.2d 1186, 1192 (11th Cir.1985) (good cause requirement is fulfilled when evidence does not exist at the time of the administrative hearing); Burton v. Heckler, 724 F.2d 1415, 1418 (9th Cir.1984) (same).
cited Cited as authority (rule) Marilyn LISA, Plaintiff-Appellant, v. SECRETARY OF the DEPARTMENT OF HEALTH AND HUMAN SERVICES OF the UNITED STATES, Defendant-Appellee
2d Cir. · 1991 · confidence medium
See Tolany v. Heckler, 756 F.2d 268, 272 (2d Cir.1985); Szubak, 745 F.2d at 833 ; Burton v. Heckler, 724 F.2d 1415, 1418 (9th Cir.1984).
cited Cited as authority (rule) Padgett v. Sullivan
9th Cir. · 1991 · confidence medium
"To meet the materiality requirement, the new evidence offered must bear directly and substantially on the matter in dispute." Burton v. Heckler, 724 F.2d 1415, 1417 (9th Cir.1984).
discussed Cited as authority (rule) James THOMAS, Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Appellee (2×)
8th Cir. · 1991 · confidence medium
See Cherry v. Heckler, 760 F.2d 1186, 1192 (11th Cir.1985); Burton v. Heckler, 724 F.2d 1415, 1418 (9th Cir.1984).
discussed Cited as authority (rule) Donald E. EMBREY, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee
9th Cir. · 1988 · confidence medium
As to the second prong, we have said that the good cause requirement “often is liberally applied, where, as in the present case, there is no indication that a remand for consideration of new evidence will result in prejudice to the Secretary.” Burton v. Heckler, 724 F.2d 1415, 1417-18 (9th Cir.1984).
cited Cited as authority (rule) David SEARS, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee
7th Cir. · 1988 · confidence medium
Milano, supra; Cherry v. Heckler, 760 F.2d 1186, 1192 (11th Cir.1985); Bauzo, supra; Burton v. Heckler, 724 F.2d 1415, 1418 (9th Cir.1984).
discussed Cited "see" Diiorio v. Commissioner of Social Security Administration
D. Ariz. · 2022 · signal: see · confidence high
See Mayes v. Massanari, 276 F.3d 453, 462 (9th Cir. 2001). 16 Evidence is material if it bears “directly and substantially on the matter in dispute.” 17 Burton v. Heckler, 724 F.2d 1415, 1417 (9th Cir. 1984).
discussed Cited "see" Zlotoff v. Commissioner of Social Security Administration (2×)
D. Ariz. · 2020 · signal: see · confidence high
See id. 15 Plaintiff has shown good cause.
cited Cited "see" (SS) Soto v. Commissioner of Social Security
E.D. Cal. · 2020 · signal: see · confidence high
See Burton v. Heckler, 724 F.2d 1415, 1417 (9th Cir. 1984). 4 Materiality is shown via a “reasonable possibility that the new evidence would have changed the 5 outcome” of the ALJ’s decision.
discussed Cited "see" Magdziak v. Berryhill
S.D. Cal. · 2019 · signal: see · confidence high
See Burton v. Heckler, 724 F.2d 1415, 1418 (9th Cir. 25 26 27 his Reply to the Commissioner’s opposition, plaintiff does not dispute any of the foregoing 28 1 1984) (noting that the good cause requirement is met when the new evidence “did not exist 2 at the time of the ALJ’s decision”). 3 However, plaintiff has not even purported to make the requisite showing that the 4 evidence of the award of SSI benefits (or any of the evidence underlying that decision) 5 bears substantially and directly on the matter in issue, named whether plaintiff was disabled 6 on or before September 30, 2013, …
cited Cited "see" Hamilton v. Commissioner of Social Security Administration
9th Cir. · 2010 · signal: see · confidence high
See Burton v. Heckler, 724 F.2d 1415, 1417 (9th Cir.1984). 2 .
cited Cited "see" Brad Belknap v. Michael Astrue
9th Cir. · 2010 · signal: see · confidence high
See Burton v. Heckler, 724 F.2d 1415, 1417 (9th Cir.1984).
cited Cited "see" Bruce Mouser v. Michael J. Astrue
8th Cir. · 2008 · signal: see · confidence high
See Burton, 724 F.2d at 1417 - 18.
cited Cited "see" Mouser v. Astrue
8th Cir. · 2008 · signal: see · confidence high
See Burton, 724 F.2d at 1417-18 .
discussed Cited "see" Key v. Heckler (2×)
9th Cir. · 1985 · signal: see · confidence high
See Burton v. Heckler, 724 F.2d 1415, 1417 (9th Cir.1984).
discussed Cited "see" Key v. Heckler (2×)
9th Cir. · 1985 · signal: see · confidence high
See Burton v. Heckler, 724 F.2d 1415, 1417 (9th Cir.1984).
cited Cited "see" Ethel TOLANY, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of U.S. Department of Health and Human Services, Defendant-Appellee
2d Cir. · 1985 · signal: see · confidence high
See Burton v. Heckler, 724 F.2d 1415, 1418 (9th Cir.1984); Dorsey v. Heckler, 702 F.2d 597, 605-06 (5th Cir.1983); Goerg v. Schweiker, 643 F.2d 582, 584 (9th Cir.1981).
discussed Cited "see, e.g." Grigsby v. Barnhart
9th Cir. · 2003 · signal: compare · confidence medium
Compare Harman v. Apfel, 211 F.3d 1172, 1179-80 (9th Cir.2000) (stating that where claimant submitted additional materials to the Appeals Council in requesting review of the ALJ’s decision, “[w]e may properly consider the additional materials because the Appeals Council addressed them in the context of denying Appellant’s request for review”) and Ramirez v. Shalala, 8 F.3d 1449, 1451-52 (9th Cir.1993) (noting that where the Appeals Council declined to review the decision of the ALJ after examining the entire record, including new material, we considered both the ALJ’s decision and th…
discussed Cited "see, e.g." Harris v. Barnhart
9th Cir. · 2002 · signal: see also · confidence medium
Booz v. Secretary of Health and Human Services, 734 F.2d 1378, 1380 (9th Cir.1984) (quoting 42 U.S.C. § 405 (g)) (emphasis in original); see also Burton v. Heckler, 724 F.2d 1415, 1417-18 (9th Cir.1984) (explaining the materiality and good cause requirements). .
cited Cited "see, e.g." Charles Williams v. Donna E. Shalala
9th Cir. · 1994 · signal: see also · confidence medium
See also Burton v. Heckler, 724 F.2d 1415, 1417 (9th Cir.1984). 5 To meet the materiality requirement, the new evidence must bear directly and substantially on the matter.
discussed Cited "see, e.g." Barbara R. Meyers v. Department of Health & Human Services
9th Cir. · 1992 · signal: see also · confidence medium
See id. (reviewing district court's failure to remand for abuse of discretion); Clem v. Sullivan, 894 F.2d 328, 332 (9th Cir.1990) (same). 5 "To meet the materiality standard, the 'new or additional evidence offered must bear directly and substantially on the matter in dispute.' " Wainwright, 939 F.2d at 682 (quoting Ward v. Schweiker, 686 F.2d 762, 764 (9th Cir.1982)); see also Burton v. Heckler, 724 F.2d 1415, 1417 (9th Cir.1984).
cited Cited "see, e.g." West v. Bowen
S.D.N.Y. · 1987 · signal: see, e.g. · confidence medium
See, e.g., Burton v. Heckler, 724 F.2d 1415, 1418 (9th Cir.1984) (Timbers, J., of Second Circuit, sitting by designation), cited with approval in Tolany v. Heckler, 756 F.2d 268, 272 (2d Cir.1985).
cited Cited "see, e.g." Bettie Jo Cherry v. Margaret M. Heckler, Secretary of Health and Human Services
11th Cir. · 1985 · signal: see, e.g. · confidence medium
See e.g., Burton v. Heckler, 724 F.2d 1415, 1418 (9th Cir.1984).
Retrieving the full opinion text from the archive…
Percy BURTON, Plaintiff-Appellant,
v.
Margaret HECKLER, Secretary of Health and Human Services, Defendant-Appellee
82-4685.
Court of Appeals for the Ninth Circuit.
Feb 2, 1984.
724 F.2d 1415
John V. Johnson, Chico, Cal., for plaintiff-appellant., Dennis J. Mulshine, San Francisco, Cal., for defendant-appellee.
Kennedy, Alarcon, Timbers.
Cited by 37 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 91%
Citer courts: N.D. California (1) · D. Nevada (1)
TIMBERS, Circuit Judge:

Percy Burton appeals from a summary judgment entered on motion of appellee Secretary of Health and Human Services on September 23,1982 in the Northern District of California, Eugene F. Lynch, District Judge. Burton’s cross-motion for summary judgment was denied. The Secretary had determined that Burton was no longer disabled and thus not entitled to Supplemental Security Income benefits (SSI) under 42 U.S.C. § 1381 et seq. (1976 & Supp. V 1981).

We reverse and remand the case to the district court with directions to remand to the Secretary for consideration of additional evidence relating to the mental effects of chronic alcoholism.

I.

Burton was employed as a maintenance worker and laborer until 1971. From 1973 to 1979 he underwent medical treatment for acute and chronic alcoholism with cirrhosis of the liver. In 1977 he was hospitalized for that condition. Beginning May 26,1978, he was awarded disability benefits, based on a finding of possible gouty arthritis, a degenerative joint disease of the lumbrosacral spine, and cardiomegaly.

Pursuant to a continuing disability investigation by a California state agency, it was determined that Burton’s disability had ceased in September 1979 and that his entitlement to SSI benefits terminated at the end of November 1979.

Burton sought and obtained review of this determination by an Administrative Law Judge. On March 21, 1980 the ALJ found that Burton no longer was disabled. Burton did not submit any evidence at the hearing before the ALJ contradicting the apparent improvement in his initial disabilities.

The ALJ’s decision became the final decision of the Secretary when the Appeals Council approved it on September 9, 1980. Burton presented evidence before the Appeals Council based on a 1977 hospital re[*1417] port and 1980 letter from his treating physician relating to problems connected with his alcoholism. His presentation included the results of new psychological testing dated August 13, 1980. The testing indicated the presence of a “severe impairment in Mr. Burton’s ability to acquire new information and skill or even to reason with his existing information and skill.” The report concluded, “Mr. Burton’s former work as a janitor is now impossibly hard. He may be unable to perform even the most simple tasks satisfactorily.” The Appeals Council, without comment, denied Burton’s request for review of this evidence.

Burton sought judicial review in the district court. A psychiatric evaluation dated October 27,1980 concluding that the deterioration of mental capacity was due to long-term alcohol abuse was submitted to the district court. In addition to arguing that the case should be reversed on the merits, Burton requested that the court remand the case for a further administrative hearing on the basis of the new medical evidence relating to the mental effects of his chronic alcoholism. [1] The court declined to remand the case and entered summary judgment for appellee.

II.

At the outset, we of course recognize that a remand to the Secretary to consider additional evidence not contained in the administrative record has been limited by the June 9, 1980 amendment to § 405(g) of the Social Security Act. 42 U.S.C. § 405(g) (Supp. V 1981); [2] Ward v. Schweiker, 686 F.2d 762, 764 (9th Cir.1982); Carter v. Schweiker, 649 F.2d 937, 942 (2d Cir.1981). A remand nevertheless is expressly provided for by the statute where the new evidence is material and there is good cause for the failure to incorporate such evidence in the record in a prior proceeding. § 405(g).

To meet the materiality requirement, the new evidence offered must bear directly and substantially on the matter in dispute. Ward, supra, 686 F.2d at 764. See Johnson v. Schweiker, 656 F.2d 424, 425-26 (9th Cir.1981); Goerg v. Schweiker, 643 F.2d 582, 583 (9th Cir.1981). We hold that the evidence which Burton seeks to introduce is relevant, material, probative, and presents a reasonable possibility of changing the outcome of the Secretary’s determination.

The district court rejected the new evidence which Burton attempted to present to the Appeals Council and to the district court, commenting that any mental impairment from which Burton may have been suffering was not a condition in existence at the time of the September 1979 disability hearing. The court erred in concluding that Burton’s psychological status was not an issue before the ALJ. Psychiatric evaluation linked Burton’s mental condition to long-term alcoholism, an issue expressly considered by the ALJ. We believe that a reasonable interpretation of the materiality standard should allow new evidence regarding the consequences of Burton’s alcoholism, whether such evidence relates to physical or mental impairments. Moreover, the Secretary presented evidence concerning Burton’s general mental state at the termination hearing. Thus the issue of mental capacity was squarely before the Appeals Council and the district court.

Section 405(g) as amended also requires a finding of good cause. The good cause requirement often is liberally applied, where, as in the present case, there is no[*1418] indication that a remand for consideration of new evidence will result in prejudice to the Secretary. See, e.g., Johnson v. Schweiker, supra, 656 F.2d at 425-27 (interpreting the 1976 § 405(g) provision). In Ward v. Schweiker, supra, 686 F.2d at 764, the fact that the new evidence surfaced after the Secretary’s final decision and therefore could not have been presented at the termination hearing was sufficient to satisfy the good cause requirement. We hold that the fact that the evidence did not exist at the time of the ALJ’s decision establishes good cause for Burton’s failure to introduce it before the ALJ.

We reverse and remand the case to the district court with directions to remand to the Secretary for consideration of additional evidence of mental incapacity stemming from chronic alcoholism.

Reversed and remanded.

1

. 20 C.F.R. § 416.998 (1983) requires that the ALJ consider evidence of new impairments:

“If a new, severe impairment begins in or before the month in which your last impairment ends, we will find that your disability is continuing. The new impairment need not be expected to last 12 months or to result in death, but it must be severe enough to keep you from doing substantial gainful activity.”
2

. The current version of 42 U.S.C. § 405(g) in relevant part provides:

“The court . .. may at any time order additional evidence to be taken before the Secretary, but only upon a showing that there is new evidence which is material and that there is good cause for the failure to incorporate such evidence into the record in a prior proceeding ....”