Lawrence E. OLIVER, Plaintiff-Appellant, v. Sec'y OF HEALTH & HUMAN Servs., Defendant-Appellee, 804 F.2d 964 (6th Cir. 1986). · Go Syfert
Lawrence E. OLIVER, Plaintiff-Appellant, v. Sec'y OF HEALTH & HUMAN Servs., Defendant-Appellee, 804 F.2d 964 (6th Cir. 1986). Cases Citing This Book View Copy Cite
154 citation events (103 in the last 25 years) across 14 distinct courts.
Strongest positive: Rafael Medina v. Commissioner of Social Security (ohnd, 2025-11-17)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Rafael Medina v. Commissioner of Social Security
N.D. Ohio · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
claimant argues that the evidence shows his condition has worsened since the secretary's decision was made. while this may be true, it does not affect the secretary's earlier decision.
discussed Cited as authority (verbatim quote) Taylor v. Commissioner of Social Security (2×) also: Cited as authority (rule)
N.D. Ohio · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
claimant argues that the evidence shows his condition has worsened since the secretary's decision was made. while this may be true, it does not affect the secretary's earlier decision.
discussed Cited as authority (verbatim quote) Liu v. Commissioner of Social Security
E.D. Mich. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
it is well established that the party seeking remand bears the burden of showing that remand is proper under section 405.
cited Cited as authority (rule) Dana Marie Shank v. Commissioner of Social Security
N.D. Ohio · 2026 · confidence medium
Servs., 804 F.2d 964, 966 (6th Cir. 1986) (citing Willis v. Secr’y. of Health & Hum.
cited Cited as authority (rule) Crystal Hodge v. Commissioner of Social Security
N.D. Ohio · 2026 · confidence medium
Oliver v. Sec’y of Health & Human Servs., 804 F. 2d 964, 966 (6th Cir. 1986).
discussed Cited as authority (rule) Kaela Allvin v. Commissioner of Social Security
E.D. Tenn. · 2026 · confidence medium
Servs., 804 F.2d 964, 966 (6th Cir. 1986), and she fails to explain why she did not ask the ALJ to keep the record open in light of the vocational testimony so that she could submit the Starr Report to rebut that testimony.
discussed Cited as authority (rule) Michael Parsons v. Commissioner of Social Security
N.D. Ohio · 2025 · confidence medium
Rather, the Sixth Circuit “takes ‘a harder line on the good cause test’ with respect to timing, and thus requires that the claimant ‘give a valid reason for his failure to obtain evidence prior to the hearing.’” Id. (quoting Oliver v. Sec’y of Health & Human Servs., 804 F.2d 964, 966 (6th Cir.1986)).
discussed Cited as authority (rule) Sara J. Eason v. Commissioner of Social Security (2×)
N.D. Ohio · 2025 · confidence medium
Servs., 804 F.2d 964, 966 (6th Cir. 1986).
discussed Cited as authority (rule) Jameson v. Commissioner of Social Security
W.D. Ky. · 2025 · confidence medium
And while generally the party seeking a Sentence Six remand bears the burden of showing that remand is appropriate, Oliver v. Sec’y of HHS, 804 F.2d 964, 966 (6th Cir. 1986), the plain language of 42 U.S.C. § 405 (g) gives this Court authority to grant a Sentence Six remand sua sponte, “at any time” where it finds the post-decision evidence is both new and material, and that good cause can be shown for its omission from the original record.
cited Cited as authority (rule) Warner v. Commissioner of Social Security Administration
N.D. Ohio · 2025 · confidence medium
Servs., 804 F.2d 964, 966 (6th Cir. 1986).
discussed Cited as authority (rule) Harrison v. Commissioner of Social Security
S.D. Ohio · 2025 · confidence medium
Servs., 804 F.2d 964, 966 (6th Cir. 1986) (new medical evidence compiled in March 1985 was not material to Secretary’s decision that plaintiff could perform light or sedentary work as of December 5, 1983); Wyatt v. Sec. of Health & Hum.
discussed Cited as authority (rule) Munger v. Commissioner of Social Security Administration
N.D. Ohio · 2025 · confidence medium
Rather, the Sixth Circuit “takes ‘a harder line on the good cause test’ with respect to timing, and thus requires that the claimant ‘give a valid reason for his failure to obtain evidence prior to the hearing.’” Id. (quoting Oliver v. Sec’y of Health & Human Servs., 804 F.2d 964, 966 (6th Cir.1986)).
cited Cited as authority (rule) Jackson v. Commissioner of Social Security
S.D. Ohio · 2024 · confidence medium
Plaintiff must provide “a valid reason for his failure to obtain evidence prior to the hearing.” Id. (citing Oliver v. Sec’y of H.H.S., 804 F.2d 964, 966 (1986)).
cited Cited as authority (rule) Campbell v. Commissioner of Social Security
S.D. Ohio · 2024 · confidence medium
Mich. March 3, 2010) (quoting Oliver v. Sec. of Health & Human Servs., 804 F.2d 964, 966 (6th Cir. 1986)) (additional citations omitted).
cited Cited as authority (rule) Smith v. Commissioner of Social Security Administration
N.D. Ohio · 2024 · confidence medium
Servs., 804 F.2d 964, 966 (6th Cir. 1986) (evidence of claimant’s condition after ALJ’s decision did not warrant remand).
discussed Cited as authority (rule) Kurman v. Commissioner of Social Security Administration
N.D. Ohio · 2023 · confidence medium
This requires more than just showing the evidence did not exist at the time of the ALJ’s decision; the Sixth Circuit takes a “harder line on the good cause test,” and requires the claimant to “give a valid reason for his failure to obtain evidence prior to the hearing.” Oliver v. Sec’y of Health & Human Servs., 804 F.2d 964, 966 (6th Cir. 1986); see also Saliba v. Comm’r of Soc.
cited Cited as authority (rule) Peters v. Commissioner of Social Security
S.D. Ohio · 2023 · confidence medium
Ohio June 4, 2008) (citing Sizemore v. Sec’y of Health & Human Servs., 865 F.2d 709, 711 (6th Cir. 1988); Oliver v. Sec’y of Health & Human Servs., 804 F.2d 964, 966 (6th Cir. 1986)).
discussed Cited as authority (rule) Ketron v. Social Security Administration, Commissioner of
E.D. Tenn. · 2023 · confidence medium
Plaintiff, who bears the burden on this issue, does not provide any reason why she failed to obtain the modified records and the corresponding letter from Dr. Carroll prior to the hearing, let alone a “reasonable justification.” See Oliver v. Sec’y of Health & Human Servs., 804 F.2d 964, 966 (6th Cir. 1986) (noting the Sixth Circuit has taken a “harder line on the good cause test” and holding a claimant “must give a valid reason for [their] failure to obtain evidence prior to the hearing”). 2.
cited Cited as authority (rule) Fischer v. Commissioner of Social Security
S.D. Ohio · 2023 · confidence medium
The claimant must provide “a valid reason for h[er] failure to obtain evidence prior to the hearing.” Id. (citing Oliver v. Sec’y of H.H.S., 804 F.2d 964, 966 (6th Cir. 1986)).
cited Cited as authority (rule) Jenkins v. Social Security
E.D. Mich. · 2023 · confidence medium
Glasco, 645 F. App’x at 435 (citing Oliver v. Sec’y of HHS, 804 F.2d 964, 966 (6th Cir. 1986).
discussed Cited as authority (rule) Holmes v. Commissioner of Social Security (2×) also: Cited "see"
N.D. Ohio · 2022 · confidence medium
Oliver v. Secretary, HHS, 804 F.2d 964, 966 (6th Cir. 1986), 42 U.S.C. § 405 (g) (“The court…may at any time order additional evidence to be taken before the Commissioner of Social Security, but only upon 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.”).
cited Cited as authority (rule) Comer v. Commissioner of Social Security
S.D. Ohio · 2022 · confidence medium
Mich. March 3, 2010) (quoting Oliver v. Sec. of Health & Human Servs., 804 F.2d 964, 966 (6th Cir. 1986)) (additional citations omitted).
cited Cited as authority (rule) Garrett v. Commissioner of Social Security
W.D. Ky. · 2022 · confidence medium
Ky. May 3, 2016) (quoting Courter v. Comm’r, 479 F. App’x 713 (6th Cir. 2012); Oliver v. Sec’y, 804 F.2d 964, 966 (6th Cir. 1986)).
cited Cited as authority (rule) Keller v. Commissioner of Social Security
N.D. Ohio · 2022 · confidence medium
Serv., 804 F.2d 964, 966 (6th Cir. 1986).
cited Cited as authority (rule) Lunsford v. Commissioner of Social Security
N.D. Ohio · 2022 · confidence medium
Oliver v. Sec’y of Health & Human Servs., 804 F.2d 964, 966 (6th Cir. 1986); see also Cline v. Comm’r of Soc.
cited Cited as authority (rule) Nipper v. SSA
E.D. Ky. · 2022 · confidence medium
Servs., 804 F.2d 964, 966 (6th Cir.1986).
cited Cited as authority (rule) Castro v. Commissioner of Social Security
N.D. Ohio · 2022 · confidence medium
Sizemore v. Sec’y of HHS, 865 F.2d 709, 711 (6th Cir. 1988); Oliver v. Sec’y of HHS, 804 F.2d 964, 966 (6th Cir. 1986).
cited Cited as authority (rule) Yonka v. Social Security
E.D. Mich. · 2021 · confidence medium
Mich. Aug. 4, 2017) (citing Oliver v. Sec'y of Health & Human Servs., 804 F.2d 964, 966 (6th Cir. 1986)).
cited Cited as authority (rule) Mercado-Figueroa v. Commissioner of Social Security Administration
N.D. Ohio · 2021 · confidence medium
Sizemore v. Sec’y of HHS, 865 F.2d 709, 711 (6th Cir. 1988); Oliver v. Sec’y of HHS, 804 F.2d 964, 966 (6th Cir. 1986).
cited Cited as authority (rule) Armington v. Commissioner of Social Security
N.D. Ohio · 2021 · confidence medium
Servs., 804 F.2d 964, 966 (6th Cir. 1986).
cited Cited as authority (rule) Garlinger v. Commissioner of Social Security
S.D. Ohio · 2021 · confidence medium
Sec., 96 F.3d 146, 148 (6th Cir. 1996); Oliver v. Sec’y of Health & Human Servs., 804 F.2d 964, 966 (6th Cir. 1986).
cited Cited as authority (rule) Griffith v. Commissioner of Social Security
S.D. Ohio · 2021 · confidence medium
Oliver v. Sec'y of Health & Human Servs., 804 F.2d 964, 966 (6th Cir.1986).
cited Cited as authority (rule) Fletcher v. Commissioner of Social Security
S.D. Ohio · 2020 · confidence medium
Foster v. Halter, 279 F.3d 348, 357 (6th Cir. 2001) (citing Oliver v. Sec'y of Health & Human Servs., 804 F.2d 964, 966 (6th Cir.1986)).
discussed Cited as authority (rule) Garlinger v. Commissioner of Social Security
S.D. Ohio · 2020 · confidence medium
For the “good cause” requirement, the Sixth Circuit “has taken a harder line” and requires a claimant to “give a valid reason for his failure to obtain evidence prior to the hearing.” Oliver v. Sec'y of Health & Human Servs., 804 F.2d 964, 966 (6th Cir. 1986).
cited Cited as authority (rule) Harris v. Commissioner of Social Security Administration
M.D. Tenn. · 2020 · confidence medium
Servs., 804 F.2d 964, 966 (6th Cir. 1986)).
discussed Cited as authority (rule) LeSure v. Commissioner of Social Security Administration
N.D. Ohio · 2020 · confidence medium
Rather, the Sixth Circuit “takes ‘a harder line on the good cause test’ with respect to timing, and thus requires that the clamant ‘give a valid reason for his failure to obtain evidence prior to the hearing.’” Id. (quoting Oliver v. Sec’y of Health & Human Servs., 804 F.2d 964, 966 (6th Cir.1986)).
cited Cited as authority (rule) Morrison v. Commissioner of Social Security
S.D. Ohio · 2020 · confidence medium
Servs., 804 F.2d 964, 966 (6th Cir. 1986)).
examined Cited as authority (rule) Tully v. Commissioner of Social Security (3×) also: Cited "see"
S.D. Ohio · 2020 · confidence medium
Oliver v. Secretary of Health & Human Servs., 804 F.2d 964, 966 (6th Cir. 1986).
discussed Cited as authority (rule) Hall v. Commissioner of Social Security Administration
N.D. Ohio · 2020 · confidence medium
Rather, the Sixth Circuit “takes ‘a harder line on the good cause test’ with respect to timing, and thus requires that the clamant ‘give a valid reason for his failure to obtain evidence prior to the hearing.’” Id. (quoting Oliver v. Sec'y of Health & Human Servs., 804 F.2d 964, 966 (6th Cir. 1986)).
cited Cited as authority (rule) Garcia v. Social Security
E.D. Mich. · 2020 · confidence medium
Mich. Aug. 4, 2017) (citing Oliver v. Sec'y of Health & Human Servs., 804 F.2d 964, 966 (6th Cir. 1986)).
discussed Cited as authority (rule) Phillips v. Commissioner of Social Security Administration
N.D. Ohio · 2020 · confidence medium
The Sixth Circuit “has taken a harder line on the good cause test.” Oliver v. Sec’y of Health & Human Servs., 804 F.2d 964, 966 (6th Cir. 1986) (finding failure to satisfy good cause requirement where additional medical records were prepared after final decision and could not have been presented at hearing).
cited Cited as authority (rule) Smith v. Commissioner of Social Security
W.D. Ky. · 2019 · confidence medium
Oliver v. Sec’y of HHS, 804 F.2d 964, 966 (6th Cir. 1986).
examined Cited as authority (rule) Brown v. Commissioner of Social Security Administration (3×) also: Cited "see", Cited "see, e.g."
N.D. Ohio · 2019 · confidence medium
Oliver v. Secretary, HHS, 804 F.2d 964, 966 (6th Cir. 1986).
cited Cited as authority (rule) Warren v. Commissioner of Social Security
S.D. Ohio · 2019 · confidence medium
March 3, 2010) (quoting Oliver v. Sec. of Health & Human Servs., 804 F.2d 964, 966 (6th Cir.1986) (additional citations omitted).
cited Cited as authority (rule) Porter v. Commissioner of Social Security
S.D. Ohio · 2019 · confidence medium
March 3, 2010) (quoting Oliver v. Sec. of Health & Human Servs., 804 F.2d 964, 966 (6th Cir.1986) (additional citations omitted).
cited Cited as authority (rule) Burrage v. Social Security Administration
M.D. Tenn. · 2019 · confidence medium
Id. (citing Oliver v. Sec’y of Health & Human Servs., 804 F.2d 964, 966 (6th Cir. 1986)).
cited Cited as authority (rule) Prater v. Commissioner of Social Security
N.D. Ohio · 2017 · confidence medium
Oliver v. Sec’y of Health & Human Servs., 804 F.2d 964, 966 (6th Cir. 1986).
cited Cited as authority (rule) Cintrón-Rivera v. Colvin
D.P.R. · 2015 · confidence medium
Oliver v. Sec’y of Health & Human Servs., 804 F.2d 964, 966 (6th Cir. 1986).
cited Cited as authority (rule) Courter v. Commissioner of Social Security
6th Cir. · 2012 · confidence medium
Servs., 804 F.2d 964, 966 (6th Cir.1986).
cited Cited as authority (rule) George Smith v. Commissioner of Social Security
6th Cir. · 2012 · confidence medium
Sec., 628 F.3d 269, 277-78 (6th Cir.2010); Oliver v. Sec’y of Health & Human Servs., 804 F.2d 964, 966 (6th Cir.1986).
Retrieving the full opinion text from the archive…
15 soc.sec.rep.ser. 330, unempl.ins.rep. Cch 17,145 Lawrence E. Oliver
v.
Secretary of Health and Human Services
85-3811.
Court of Appeals for the Sixth Circuit.
Nov 11, 1986.
804 F.2d 964
1986 U.S. App. LEXIS 33401
John A. Tscholl, argued, Little and Tscholl, Canton, Ohio, for plaintiff-appellant., Michael Anne Johnson, argued, Cleveland, Ohio, for defendant-appellee.
Merritt, Guy, Norris.
Cited by 109 opinions  |  Published
1 passage pin-cited by 1 case
MERRITT, Circuit Judge.

In this Social Security case, plaintiff Lawrence E. Oliver appeals from the Secretary’s denial of his application for disability insurance benefits and from the denial of his motion to remand for consideration of new medical evidence. An administrative law judge found that Mr. Oliver was disabled. The Appeals Council reversed the disability determination, finding that Mr. Oliver could perform light or sedentary work. Appellant sought review in the district court, and the parties consented to proceedings before a magistrate. Both the claimant and the Secretary moved for summary judgment. The claimant then filed a motion for remand for the consideration of new medical evidence. The magistrate granted the Secretary’s motion for summary judgment, affirmed the Secretary’s decision to deny benefits, and overruled the claimant’s motions for summary judgment and remand.

Two issues are presented by this appeal. First, whether the decision of the Secretary is supported by substantial evidence. Second, whether the magistrate’s refusal to remand the case for the consideration of new evidence constitutes reversible error. We settle both of these issues in favor of the Secretary, and accordingly, we affirm the magistrate’s decision.

Mr. Oliver, who is forty years old, filed for disability insurance benefits on June 15, 1981. He claimed that he was no longer able to work because he had experienced general weakness, pain, and forgetfulness following an episode of malignant hyperthermia during surgery.

In cases like this, where the Appeals Council disagrees with the administrative law judge’s determination, the issue for review is whether the Appeals Council’s findings, not those of the administrative law judge, are supported by substantial evidence. Mullen v. Bowen, 800 F.2d 535, 546 (6th Cir.1986).

The essential difference between the determination of the administrative law judge and that of the Appeals Council centers on the question of whether the claimant's impairment is disabling. In determining that the claimant is disabled, the administrative[*966] law judge seemingly placed emphasis on the defendant’s allegations of weakness and pain as supported by the medical evidence. The Appeals Council, on the other hand, discounted the claimant’s allegations of pain. Moreover, the Appeals Council read the medical testimony as indicating that the claimant was, in fact, capable of light or sedentary work. If the claimant is capable of sedentary work, he is not disabled in light of his age, education, and work experience.

The findings of the Appeals Council that the claimant is capable of light or sedentary work is supported by substantial evidence. The claimant can drive a car for short distances and walks four or five blocks per day. He can stand for approximately thirty minutes and can sit for one and one-half hours. Although the doctors report general muscular weakness and some pain, they are unable to report any specific findings as to the extent of the damage which causes his minor forgetfulness problems. In conclusion, we hold that substantial evidence supports the Appeals Council’s decision.

The second issue is whether the magistrate erred in refusing to remand for consideration of new evidence. The power of a reviewing court to remand for the consideration of new evidence is governed by 42 U.S.C. § 405(g) (1982). “The court ... may at any time order additional evidence to be taken before the Secretary, but only upon 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____” (Emphasis supplied.)

It is well established that the party seeking remand bears the burden of showing that a remand is proper under Section 405. Willis v. Secretary of Health and Human Services, 121 F.2d 551 (6th Cir.1984).

The additional medical evidence submitted by the claimant is not material to the Secretary’s decision that Oliver could perform light or sedentary work as of December 5, 1983. The new evidence was compiled in March 1985, and it does not reveal further information about the claimant’s ability to perform light or sedentary work in December 1983. Claimant argues that the evidence shows his condition has worsened since the Secretary’s decision was made. While this may be true, it does not affect the Secretary’s 1983 decision. Simmons v. Schweiker, 563 F.Supp. 182, 186 (D.Ariz.1983).

Oliver has also failed to satisfy the good cause requirement of Section 405(g). The additional medical reports were prepared after the Secretary’s final decision and therefore could not have been presented at the hearing. While the dates on the reports alone seemingly satisfied the good cause test in Ward v. Schweiker, 686 F.2d 762, 764 (9th Cir.1982), this circuit has taken a harder line on the good cause test. Willis v. Secretary of Health and Human Services, 727 F.2d at 554. Willis held that in order to show good cause the complainant must give a valid reason for his failure to obtain evidence prior to the hearing. In this case, Oliver does not have a valid reason for his failure to obtain a right quadricepts biopsy, a neuro-psychological examination, or a university neurologist evaluation prior to the hearing. Therefore, the good cause requirement has not been met.

The magistrate was correct in denying the request for remand. Oliver failed to show either that the new medical evidence was material or that there was good cause for his failure to present the new evidence at the hearing. He must prove both to justify a remand. Accordingly, the decision of the magistrate is affirmed.