Dorothy M. RILEY, Appellant, v. Donna E. SHALALA, Sec'y, Dep't of Health & Human Servs., Appellee, 18 F.3d 619 (8th Cir. 1994). · Go Syfert
Dorothy M. RILEY, Appellant, v. Donna E. SHALALA, Sec'y, Dep't of Health & Human Servs., Appellee, 18 F.3d 619 (8th Cir. 1994). Cases Citing This Book View Copy Cite
220 citation events (130 in the last 25 years) across 25 distinct courts.
Strongest positive: Martin v. O'Malley (utd, 2024-08-28)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) Martin v. O'Malley
D. Utah · 2024 · confidence medium
When an ALJ reviews medical opinion evidence, the ALJ is not required to defer to or give any specific weight to them.65 Rather, the ALJ considers them using the criteria in 20 C.F.R. § 404 .1520c(c): (1) supportability; (2) consistency; (3) relationship with the claimant; (4) specialization; and (5) other factors tending to support or contradict a medical opinion or prior administrative medical finding.66 The most important criteria for determining persuasiveness are supportability and consistency.67 Here, Dr. Romer’s assessment of more extreme limitations than those found by the ALJ is no…
discussed Cited as authority (rule) King v. Kijakazi (2×)
E.D. Mo. · 2023 · confidence medium
Instead, [its] role is limited to deciding whether the administrative law judge’s determination is supported by substantial evidence on the record as a whole, including the new evidence submitted after the determination was made.” Riley v. Shalala, 18 F.3d 619, 622 (8th Cir. 1994).
discussed Cited as authority (rule) Salerno v. Schriro
D. Ariz. · 2022 · confidence medium
Because of the statutory 10 limitations on repetitive habeas litigation, the threshold issue is whether that motion should 11 be viewed as a Rule 60 motion that may be heard by this Court or if Petitioner’s motion 12 should be viewed as a “second or successive habeas corpus application” that can only be 13 heard by this Court after Petitioner obtains permission from the Court of Appeals. 28 14 U.S.C. § 2244 (b)(1), (b)(3)(A). 15 A post-judgment filing purporting to be a Rule 60 motion actually is a “second or 16 successive habeas corpus application” if it “seeks to add a new groun…
cited Cited as authority (rule) Bodway v. Kijakazi
E.D. Mo. · 2022 · confidence medium
Riley v. Shalala, 18 F.3d 619, 622 (8th Cir. 1994).
discussed Cited as authority (rule) Merchant v. Kijakazi
D. Utah · 2022 · confidence medium
CONCLUSION Having made a thorough review of the entire record, the Court hereby AFFIRMS the decision of the Commissioner. 62 20 C.F.R. § 404.970 (a)(5). 63 See Vallejo v. Berryhill, 849 F.3d 951, 956 (10th Cir. 2017). 64 Vallejo v. Comm’r, SSA, 762 F. App’x 532 , 535 (10th Cir. 2019) (quoting Riley v. Shalala, 18 F3d 619, 622 (8th Cir. 1994)). 65 20 C.F.R. § 404 .1520b(c).
discussed Cited as authority (rule) Gadberry v. Social Security Administration
E.D. Ark. · 2022 · confidence medium
It is not the task of this Court to evaluate the Appeals Council’s decision to deny review, Riley v. Shalala, 18 F.3d 619, 622 (8th Cir. 1994), but the Court does include this newly-submitted evidence as part of the administrative record in determining whether the ALJ’s decision was supported by substantial evidence on the record as a whole.
cited Cited as authority (rule) Laber v. Kijakazi
D.S.D. · 2022 · confidence medium
Riley v. Shalala, 18 F.3d 619, 622 (8th Cir. 1994).
discussed Cited as authority (rule) Slater v. Commissioner of Social Security
N.D. Iowa · 2022 · confidence medium
For example, although Dr. Olson opined that Slater could only use his fingers and hands 15% of the time, the 22 See AR 16-19; Doc. 15. 23 Riley v. Shalala, 18 F.3d 619, 622-23 (8th Cir. 1994). 24 Id. 11 ALJ noted tests showing Slater’s grip strength was normal.
discussed Cited as authority (rule) Knapke v. PeopleConnect Inc
W.D. Wash. · 2021 · confidence medium
“While plaintiffs need not be 15 national celebrities to assert a right of publicity claim, they must at least ‘demonstrate that there 16 is value in associating an item of commerce with [their] identity.’” Roe v. Amazon.com, 714 F. 17 App'x 565, 568 (6th Cir. 2017) (unpublished) (citing Landham v. Lewis Galoob Toys, Inc., 227 18 F.3d 619, 624 (6th Cir. 2000); McFarland v. Miller, 14 F.3d 912, 919-20 (3d Cir. 1994) (stating 19 that the right of publicity is worthless without association)).
discussed Cited as authority (rule) Carter v. Saul
W.D. Mo. · 2021 · confidence medium
Riley v. Shalala, 18 F.3d 619, 622 (8th Cir. 1994) (citing Nelson v. Sullivan, 966 F.2d 363, 366 (8th Cir. 1992); Browning, 958 F.2d at 822 ).
discussed Cited as authority (rule) Osborne v. Saul
E.D. Mo. · 2020 · confidence medium
In such a situation, the Court’s task is to “decide whether the ALJ’s decision is supported by substantial record as a whole, including the new evidence deemed material by the Appeals Council that was not before the ALJ.” Id. “[T]hat means that we must speculate to some extent on how the administrative law judge would have weighed the newly submitted reports if they had been available for the original hearing.” Riley v. Shalala, 18 F.3d 619, 622 (8th Cir. 1994).
discussed Cited as authority (rule) Trujillo v. Commissioner, SSA
10th Cir. · 2020 · confidence medium
“Of necessity, that means that we must speculate to some extent on how the administrative law judge would have weighed the newly submitted [opinion] if [it] had been available for the original hearing.” Riley v. Shalala, 18 F.3d 619, 622 (8th Cir. 1994).
discussed Cited as authority (rule) Anasco v. Saul
D. Utah · 2020 · confidence medium
The ALJ, not the vocational expert, determines the restrictions a claimant in fact had, and how those restrictions affect the claimant’s RFC.69 From there, the ALJ determines whether the vocational expert had identified a significant number of jobs in a relevant market given the restrictions.70 On the other hand, a vocational expert “translates factual scenarios into realistic job market probabilities.”71 65 Vallejo v. Comm’r, SSA, 762 F. App’x 532 , 535 (10th Cir. 2019) (quoting Riley v. Shalala, 18 F3d 619, 622 (8th Cir. 1994)). 66 See Docket No. 26, at 10. 67 Id. 68 Id. 69 See 20 …
cited Cited as authority (rule) Ross v. Social Security Administration Commissioner
W.D. Ark. · 2020 · confidence medium
As the United States Court of Appeals for the Eighth Circuit has noted, "this [is] a peculiar task for a reviewing court." Riley v. Shalala, 18 F.3d 619, 622 (8th Cir.1994).
cited Cited as authority (rule) Radel v. Berryhill
D.S.D. · 2019 · confidence medium
Cunningham v. Apfel, 222 F.3d 496, 500 (8th Cir. 2000); Riley v. Shalala, 18 F.3d 619, 622 (8th Cir. 1994).
discussed Cited as authority (rule) Dace v. Saul
E.D. Mo. · 2019 · confidence medium
Because the Court is remanding this case for further consideration, the Court will not “speculate...on how the administrative law judge would have weighed the newly submitted report|] if [it] had been available or the original hearing.” Riley v. Shalala, 18 F.3d 619, 622 (8th Cir. 1994).
discussed Cited as authority (rule) Hagan v. Saul
E.D. Mo. · 2019 · confidence medium
The Eighth Circuit has noted that this means that the Court “must speculate to some extent on how the administrative law judge would have weighed the newly submitted reports if they had been available for the original hearing,” which is “a peculiar task for a reviewing court.” Riley v. Shalala, 18 F.3d 619, 622 (8th Cir. 1994).
discussed Cited as authority (rule) Couch v. Berryhill
D. Mass. · 2019 · confidence medium
Mills, 244 F.3d at 4 (“To weigh the evidence as if it were before the ALJ would be . . . a very ‘peculiar’ enterprise . . . and to us one that distorts analysis.”) (quoting Riley v. Shalala, 18 F.3d 619, 622 (8th Cir. 1994)).
discussed Cited as authority (rule) Vallejo v. Commissioner, SSA
10th Cir. · 2019 · confidence medium
“Of necessity, that means that we must speculate to some extent on how the administrative law judge would have weighed the newly submitted reports if they had been available for the original hearing.” Riley v. Shalala, 18 F.3d 619, 622 (8th Cir. 1994).
cited Cited as authority (rule) Colwell v. Berryhill
D.S.D. · 2019 · confidence medium
Mar. 13, 2018) (citing Riley v. Shalala, 18 F.3d 619, 622 (8th Cir. 1994)).
cited Cited as authority (rule) Johnson v. Social Security Administration Commissioner
W.D. Ark. · 2019 · confidence medium
As the United States Court of Appeals for the Eighth Circuit has noted, "this [is] a peculiar task for a reviewing court." Riley v. Shalala, 18 F.3d 619, 622 (8th Cir.1994).
cited Cited as authority (rule) Upchurch v. Social Security Administration Commissioner
W.D. Ark. · 2018 · confidence medium
As the United States Court of Appeals for the Eighth Circuit has noted, "this [is] a peculiar task for a reviewing court." Riley v. Shalala, 18 F.3d 619, 622 (8th Cir.1994).
cited Cited as authority (rule) Wakefield v. Colvin
S.D. Iowa · 2016 · confidence medium
Riley v. Shalala, 18 F.3d 619, 622 (8th Cir.1994).
discussed Cited as authority (rule) Wakefield v. Colvin
S.D. Iowa · 2016 · confidence medium
The Court, at 924, wrote: “Evaluating such evidence requires us to determine how the ALJ would have weighed the newly submitted evidence if it had been presented at the original hearing.” Citing Riley v. Shalala, 18 F.3d 619, 622 (8th Cir.1994).
discussed Cited as authority (rule) Saenz v. Colvin
D. Mass. · 2014 · confidence medium
Mills, 244 F.3d at 4 (“To weigh the evidence as if it were before the ALJ would be ... a very ‘peculiar’ enterprise ... and to us one that distorts analysis.”) (quoting Riley v. Shalala, 18 F.3d 619, 622 (8th Cir.1994)).
discussed Cited as authority (rule) Lopez v. Colvin
N.D. Iowa · 2013 · confidence medium
I must decide “whether the [ALJ]’s determination is supported by substantial evidence on the record as a whole, including the new evidence submitted after the determination was made.” Riley v. Shalala, 18 F.3d 619, 622 (8th Cir.1994).
cited Cited as authority (rule) Rose v. Astrue
S.D. Iowa · 2012 · confidence medium
As we have noted, “this [is] a peculiar task for a reviewing court.” Riley v. Shalala, 18 F.3d 619, 622 (8th Cir.1994).
discussed Cited as authority (rule) Moraine v. Social Security Administration
D. Minnesota · 2010 · confidence medium
Lastly, where, as here, the Plaintiff submits additional evidence to the Appeals Council for review, which was not considered by the ALJ, our task on review is not completed until we “determine whether the ALJ’s decision ‘is supported by substantial evidence on the record as a whole, including the new evidence submitted after the determination was made.’ ” Bergmann v. Apfel, 207 F.3d 1065, 1068 (8th Cir.2000), quoting Riley v. Shalala, 18 F.3d 619, 622 (8th Cir.1994); see also, Flynn v. Chater, supra at 621-622.
discussed Cited as authority (rule) Van Vickle v. Astrue (2×)
8th Cir. · 2008 · confidence medium
Riley v. Shalala, 18 F.3d 619, 622 (8th Cir.1994).
discussed Cited as authority (rule) Vickle v. Astrue (2×)
8th Cir. · 2008 · confidence medium
Riley v. Shalala, 18 F.3d 619, 622 (8th Cir.1994).
discussed Cited as authority (rule) Kathy Van Vickle v. Michael J. Astrue (2×)
8th Cir. · 2008 · confidence medium
We consider evidence that “supports as well as detracts from the Commissioner’s decision, and we will not reverse simply 2 We have noted on several occasions that consideration of evidence submitted only to the Appeals Council when evaluating the decision of an ALJ is a “peculiar task for a reviewing court,” Riley v. Shalala, 18 F.3d 619, 622 (8th Cir. 1994), and others have urged us to reconsider the practice.
examined Cited as authority (rule) Barton v. Astrue (3×) also: Cited "see, e.g."
E.D. Mo. · 2008 · confidence medium
Riley v. Shalala, 18 F.3d 619, 622 (8th Cir. 1994). doderm patch, [34] and Effexor. [35] Id.
cited Cited as authority (rule) Katherine Davidson v. Michael J. Astrue, etc.
8th Cir. · 2007 · confidence medium
Id.; Riley v. Shalala, 18 F.3d 619, 622 (8th Cir. 1994); Nelson v. Sullivan, 966 F.2d 363 , 366 & n.5 (8th Cir. 1992).
cited Cited as authority (rule) Davidson v. Astrue
8th Cir. · 2007 · confidence medium
Id.) Riley v. Shalala, 18 F.3d 619, 622 (8th Cir.1994); Nelson v. Sullivan, 966 F.2d 363 , 366 & n. 5 (8th Cir.1992).
discussed Cited as authority (rule) Tate Ex Rel. Tate v. Commissioner of Social SEC.
E.D. Mich. · 2005 · confidence medium
Perez v. Chater, 77 F.3d 41, 45 (2d Cir.1996); O'Dell v. Shalala, 44 F.3d 855 , 859 (10th Cir.1994); Riley v. Shalala, 18 F.3d 619, 622 (8th Cir.1994); Ramirez v. Shalala, 8 F.3d 1449, 1454 (9th Cir.1993).
discussed Cited as authority (rule) Hamilton v. Barnhart (2×)
E.D. Mo. · 2005 · confidence medium
"In cases involving the submission of supplemental evidence subsequent to the ALJ's decision, the record includes that evidence submitted after the hearing and considered by the Appeals Council." Bergmann v. Apfel, 207 F.3d 1065, 1068 (8th Cir. 2000); Riley v. Shalala, 18 F.3d 619, 622 (8th Cir.1994) ("[The court] must speculate to some extent on how the administrative law judge would have weighed the newly submitted reports if they had been available for the original hearing.").
discussed Cited as authority (rule) Joseph Ngure v. John D. Ashcroft, Attorney General of the United States
8th Cir. · 2004 · confidence medium
In our own cases involving the Social Security Administration’s Appeals Council, we have held that while the decision to deny review generally is unreviewable, Riley v. Shalala, 18 F.3d 619, 622 (8th Cir.1994); Browning v. Sullivan, 958 F.2d 817, 822-23 (8th Cir.1992), the court of appeals may remand a case if the Appeals Council denies review without considering new and material evidence.
discussed Cited as authority (rule) Joseph Ngure v. John D. Ashcroft
8th Cir. · 2004 · confidence medium
In our own cases involving the Social Security Administration's Appeals Council, we have held that while the decision to deny review generally is unreviewable, Riley v. Shalala, 18 F.3d 619, 622 (8th Cir. 1994); Browning v. Sullivan, 958 F.2d 817, 822-23 (8th Cir. 1992), the court of appeals may remand a case if the Appeals Council denies review without considering new and material evidence.
discussed Cited as authority (rule) Hawker v. Barnhart
D. Maryland · 2002 · confidence medium
See, e.g., Mills v. Apfel, 244 F.3d 1, 3 (1st Cir.2001) (Appeals Council denied review but administrative appeals judge sent separate letter discussing why additional evidence was' “consistent” with other evidence before the ALJ); Riley v. Shalala, 18 F.3d 619, 622 (8th Cir.1994) (“The Appeals Council’s decision summarizes the content of each report and gives the reasons why those reports did *451 not affect the Appeals Council’s conclusion that the administrative law judge’s decision was in accord with the weight of the evidence currently in the record (including the newly submitt…
discussed Cited as authority (rule) Davis v. Barnhart
N.D. Ill. · 2002 · confidence medium
See, e.g., Verduzco v. Apfel, 188 F.3d 1087, 1089 (9th Cir.1999) (although claimant clearly suffered from diabetes, high blood pressure and arthritis, he failed to show that these impairments were severe); Riley v. Shalala, 18 F.3d 619, 622 (8th Cir.1994) (ALJ’s determination that claimant’s impairments, including osteoarthritis and high blood pressure, were not medically severe was supported by substantial evidence).
cited Cited as authority (rule) Daniel v. Massanari
D. Neb. · 2001 · confidence medium
Riley v. Shalala, 18 F.3d 619, 621 (8th Cir.1994).
discussed Cited as authority (rule) Ellen Hunt v. Kenneth S. Apfel
8th Cir. · 2001 · confidence medium
At the 1998 administrative hearing, the ALJ utilized the familiar "five-step sequential evaluation process for determining whether a person is disabled." Riley v. Shalala, 18 F.3d 619, 621 (8th Cir. 1994).
discussed Cited as authority (rule) Ellen Hunt v. Larry G. Massanari, Acting Commissioner of Social Security
8th Cir. · 2001 · confidence medium
At the 1998 administrative hearing, the ALJ utilized the familiar “five-step sequential evaluation process for determining whether a person is disabled.” Riley v. Shalala, 18 F.3d 619, 621 (8th Cir.1994).
discussed Cited as authority (rule) William Johnson v. Kenneth Apfel
8th Cir. · 2001 · confidence medium
At the administrative hearing, the ALJ utilized the familiar “five-step sequential evaluation process for determining whether an individual is disabled.” Riley v. Shalala, 18 F.3d 619, 621 (8th Cir. 1994).
discussed Cited as authority (rule) William B. Johnson v. Kenneth S. Apfel, Commissioner of Social Security
8th Cir. · 2001 · confidence medium
At the administrative hearing, the ALJ utilized the familiar “five-step sequential evaluation process for determining whether an individual is disabled.” Riley v. Shalala, 18 F.3d 619, 621 (8th Cir.1994).
cited Cited as authority (rule) Mills v. Apfel
D. Me. · 2000 · confidence medium
Perez v. Chater, 77 F.3d 41, 44 (2d Cir.1996); Riley v. Shalala, 18 F.3d 619, 622 (8th Cir.1994); O’Dell v. Shalala, 44 F.3d 855 , 859 (10th Cir.1994).
cited Cited as authority (rule) Darrell Jenkins v. Kenneth Apfel
8th Cir. · 1999 · confidence medium
Riley v. Shalala, 18 F.3d 619, 622 (8th Cir. 1994).
discussed Cited as authority (rule) Darrell E. Jenkins v. Kenneth S. Apfel, Commissioner of Social Security (2×)
8th Cir. · 1999 · confidence medium
Riley v. Shalala, 18 F.3d 619, 622 (8th Cir. 1994).
cited Cited as authority (rule) Allen Barnes v. Social Security Administration
8th Cir. · 1999 · confidence medium
See Mackey v. Shalala, 47 F.3d 951, 953 (8th Cir.1995); Riley v. Shalala, 18 F.3d 619, 622 (8th Cir.1994).
cited Cited as authority (rule) Allen Barnes v. S. S. Administration
8th Cir. · 1999 · confidence medium
See Mackey v. Shalala, 47 F.3d 951, 953 (8th Cir. 1995); Riley v. Shalala, 18 F.3d 619, 622 (8th Cir. 1994).
Retrieving the full opinion text from the archive…
44 soc.sec.rep.ser. 3, unempl.ins.rep. Cch (P) 17732a Dorothy M. Riley
v.
Donna E. Shalala, Secretary, Department of Health and Human Services
93-2736.
Court of Appeals for the Eighth Circuit.
Mar 11, 1994.
18 F.3d 619
Counsel who presented argument on behalf of appellant was Anthony Bartels, Jones-boro, AR., Counsel who presented argument on behalf of appellee was Martin W. Long, Dallas, TX.
Bowman, Hansen, Arnold.
Cited by 112 opinions  |  Published
MORRIS SHEPPARD ARNOLD, Circuit Judge.

In early 1991, Dorothy Riley applied for benefits as the disabled widow of a person covered by social security. See 42 U.S.C. § 402(e)(1), particularly § 402(e)(l)(B)(ii); see also 42 U.S.C. § 416(c), § 416(h)(1)(A), § 423(d)(1)(A), and 20 C.F.R. § 404.336, §§ 404.344-404.346. After initial denials in mid-1991 and a subsequent hearing before an administrative law judge in late 1991, Ms. Riley’s application was again denied by the administrative law judge. See 42 U.S.C. § 405(b); see also 20 C.F.R. §§ 404.900-404.-913, §§ 404.929-404.955. The Appeals Council of the Social Security Administration denied further review in mid-1992. See 20 C.F.R. §§ 404.967-404.981.

Ms. Riley filed in federal district court for judicial review of the administrative actions. See 42 U.S.C. § 405(g). On cross-motions for summary judgment, a magistrate judge recommended summary judgment for the government. In mid-1993, the district court adopted that recommendation and granted summary judgment to the government.

Ms. Riley appeals the order of the district court. She offers two arguments on appeal. First, she asserts that the administrative law judge was wrong in concluding that her physical impairments are not medically severe. Second, she asserts that the Appeals Council improperly disregarded evidence with respect to her mental impairments, and additional evidence with respect to her physical impairments, that she submitted to the Appeals Council after the administrative law judge’s decision. After the appeal to this court was filed, Ms. Riley made two motions for remand for additional administrative pro-eeedings; each cites additional doctors’ reports submitted since the appeal. We deny those motions and affirm the order of the district court [1] granting summary judgment to the government.

I.

Under the relevant statute, “disability” is defined as the “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment ... which has lasted or can be expected to last for a continuous period of not less than 12 months.” See 42 U.S.C. § 423(d)(1)(A); see also 20 C.F.R. § 404.-1505(a). The claimant has “the burden ... of showing ... that [s]he has a medically severe impairment or combination of impairments.” Bowen v. Yuckert, 482 U.S. 137, 146 n. 5, 107 S.Ct. 2287, 2294 n. 5, 96 L.Ed.2d 119 (1987).

There is a “five-step sequential evaluation process for determining whether a person is disabled. ... [If the claimant is not currently engaged in substantial gainful activity], the decisionmaker ... determines whether the claimant has a medically severe impairment or combination of impairments. ... [If the claimant has a severe impairment], the evaluation ... determines whether the impairment is equivalent to one of a number of listed impairments that [are considered as a matter of law to be] so severe as to preclude substantial gainful activity. ... If the impairment is not one that is conclusively presumed to be disabling, the evaluation proceeds to ... determine[ ] whether the impairment prevents the claimant from performing work [s]he has performed in the past. ... If the claimant cannot perform this work, the [last] step of the process determines whether [the claimant] is able to perform other work in the national economy in view of [her] age, education, and work experience. The claimant is entitled to disability benefits only if [s]he is not able to perform other work.” Id. at 140-42, 107 S.Ct. at 2291; see also 20 C.F.R. § 404.-[*622] 1520(a), § 404.1520(e), § 404.1520(d), § 404.-1520(e), § 404.1520(f)(1).

In her applications prior to the hearing with the administrative law judge, Ms. Riley cited osteoarthritis (and associated pain and stiffness), high blood pressure, a recurring rash on her right hand, excessive sweating of hands and feet, and a permanently contracted finger on her left hand as the reasons for her claim to disability benefits. She cited those same problems in the hearing before the administrative law judge. Based on medical reports and the testimony given at the hearing, the administrative law judge found that Ms. Riley’s impairments were not “medically severe,” Bowen v. Yuckert, 482 U.S. at 140-41, 107 S.Ct. at 2291, either individually or in combination. The magistrate judge, and then the district court, held that there was substantial evidence “on the record as a whole” to support the findings of the administrative law judge. Ghant v. Bowen, 930 F.2d 633, 637 (8th Cir.1991); see also 42 U.S.C. § 405(g). We use the same standard for our review.

We have read the transcript of the hearing with the administrative law judge and have examined all of the exhibits submitted to the administrative law judge. In our view, the administrative law judge’s determination that Ms. Riley’s physical impairments were not medically severe is supported by substantial evidence on the record as a whole. We turn, then, to the problem of the doctors’ reports submitted to the Appeals Council but not to the administrative law judge.

II.

While Ms. Riley’s appeal from the administrative law judge’s decision was pending, she submitted two additional doctors’ reports — one from an orthopedic specialist and one from a psychiatrist. In the appeal before this court, Ms. Riley seems to be offering two arguments "with respect to those reports — first, that the Appeals Council improperly failed to consider those reports and, second, that even if the Appeals Council considered them, it wrongly concluded that they provided no basis for a grant of review of the administrative law judge’s decision. We address each of those arguments in turn.

It is clear from the text of the Appeals Council’s decision that the Appeals Council considered the reports. The Appeals Council’s decision summarizes the content of each report and gives the reasons why those reports did not affect the Appeals Council’s conclusion that the administrative law judge’s decision was in accord with the weight of the evidence currently in the record (including the newly submitted reports). The Appeals Council thus explained why it was denying review even though Ms. Riley had submitted additional evidence. Under those circumstances, remand for consideration of the reports in the first instance is inappropriate. See, e.g., Nelson v. Sullivan, 966 F.2d 363, 366 (8th Cir.1992); see also 20 C.F.R. § 404.970(b).

Once it is clear that the Appeals Council has considered newly submitted evidence, we do not evaluate the Appeals Council’s decision to deny review. Instead, our role is limited to deciding whether the administrative law judge’s determination is supported by substantial evidence on the record as a whole, including the new evidence submitted after the determination was made. See, e.g., Nelson, 966 F.2d at 366, and Browning v. Sullivan, 958 F.2d 817, 822 (8th Cir.1992). Of necessity, that means that we must speculate to some extent on how the administrative law judge would have weighed the newly submitted reports if they had been available for the original hearing. We consider this to be a peculiar task for a reviewing court.

Nonetheless, we have considered the reports submitted, both of which were based on examinations conducted after the administrative law judge’s decision. As the magistrate judge, and then the district court, noted, the report from the orthopedic specialist is contradicted by the report from Ms. Riley’s treating doctor. Since the orthopedic specialist saw Ms. Riley only once, it is entirely appropriate to give the orthopedic specialist’s report less weight. See, e.g., Henderson v. Sullivan, 930 F.2d 19, 21 (8th Cir.1991).

[*623] The report from the psychiatrist deals with complaints that were never made before the administrative law judge. Accordingly, we must disregard that report. See, e.g., Thomas v. Sullivan, 928 F.2d 255, 261 (8th Cir.1991), and Williams v. Sullivan, 905 F.2d 214, 216 n. 8 (8th Cir.1990); see also Sanchez v. Secretary of Health and Human Services, 812 F.2d 509, 511-12 (9th Cir.1987). (We note that the psychiatrist’s report may be used as the basis for a new application for benefits. See, e.g., Thomas, 928 F.2d at 261 n. 8, and Sanchez, 812 F.2d at 512.) We therefore agree with the district court that the two reports submitted to the Appeals Council do not change the conclusion that the administrative law judge’s decision is supported by substantial evidence on the record as a whole.

III.

Ms. Riley has submitted to this court several additional doctors’ reports, all based on examinations conducted since the appeal to this court was filed. She moves for remand to the administrative law judge, citing those reports as new and material medical evidence justifying such a remand. See, e.g., 42 U.S.C. § 405(g). After considering carefully those reports, we deny Ms. Riley’s motions, since we find that the additional evidence submitted is cumulative and would not have changed the decision of the administrative law judge. See, e.g., Woolf v. Shalala, 3 F.3d 1210, 1214-15 (8th Cir.1993).

IV.

For the reasons stated, we deny Ms. Riley’s motions for remand; we affirm the order of the district court granting summary judgment to the government.

1

. The Honorable Elsijane Trimble Roy, Senior United States District Judge for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable Jerry Caveneau, United States Magistrate Judge for the Eastern District of Arkansas. See 28 U.S.C. § 636(b)(1)(B).