Nelda CARTER, Plaintiff-Appellant, v. Shirley S. CHATER, Comm'r of Soc. Sec., Defendant-Appellee, 73 F.3d 1019 (10th Cir. 1996). · Go Syfert
Nelda CARTER, Plaintiff-Appellant, v. Shirley S. CHATER, Comm'r of Soc. Sec., Defendant-Appellee, 73 F.3d 1019 (10th Cir. 1996). Cases Citing This Book View Copy Cite
“an alj has the duty to develop the record by obtaining pertinent, available medical records which come to his attention during the course of the hearing.”
121 citation events (73 in the last 25 years) across 11 distinct courts.
Strongest positive: Campbell v. Commissioner, Social Security Administration (cod, 2020-03-20)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Campbell v. Commissioner, Social Security Administration
D. Colo. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
n alj has the duty to develop the record by obtaining pertinent, available medical records which come to his attention. . . .
discussed Cited as authority (verbatim quote) Dougherty v. Commissioner, Social Security Administration
D. Colo. · 2019 · quote attribution · 1 verbatim quote · confidence high
an alj has the duty to develop the record by obtaining pertinent, available medical records which come to his attention during the course of the hearing.
discussed Cited as authority (rule) Wright v. Social Security Administration
N.D. Okla. · 2025 · confidence medium
As a result, “[a]n ALJ has the duty to develop the record by obtaining pertinent, available medical records which come to his attention during the course of the hearing.” Carter v. Chater, 73 F.3d 1019, 1022 (10th Cir. 1996).
discussed Cited as authority (rule) Gentry v. Commissioner of Social Security
S.D. Ohio · 2025 · confidence medium
Mich. July 1, 2010) (quoting Carter v. Chater, 73 F.3d 1019, 1022 (10th Cir. 1996)) (holding that an ALJ satisfies her “‘duty to develop the record by obtaining pertinent, available medical records which c[a]me to [her] attention during the course of the hearing’”).
discussed Cited as authority (rule) Ojeda v. Social Security Administration
N.D. Okla. · 2024 · confidence medium
As a result, “[a]n ALJ has the duty to develop the record by obtaining pertinent, available medical records which come to his attention during the course of the hearing.” Carter v. Chater, 73 F.3d 1019, 1022 (10th Cir. 1996).
discussed Cited as authority (rule) Hejsek v. Commissioner, Social Security Administration
D. Colo. · 2024 · confidence medium
The Tenth Circuit held that, in light of the non-adversarial nature of social security disability hearings, the ALJ had a duty to obtain “pertinent, available medical records which come to his attention during the course of the hearing.” Id. (quoting Carter v. Chater, 73 F.3d 1019, 1022 (10th Cir. 1996)).
discussed Cited as authority (rule) Payne v. Commissioner of Social Security Administration
W.D. Okla. · 2023 · confidence medium
The ALJ’s failure to do so constitutes legal error. , 73 F.3d 1019, 1022 (10th Cir. 1996) (remanding for further development of the record when ALJ was made aware of plaintiff’s condition and diagnosis but made no effort to obtain further information regarding the same); , 2018 WL 3427652 , at *3 (reversing based on the ALJ's failure to discuss evidence regarding Plaintiff's use of a cane or explain why he had rejected it or had failed to include it in the RFC).
discussed Cited as authority (rule) Alderete Jr. v. Social Security Administration
D.N.M. · 2023 · confidence medium
Subsequently, “the ALJ has the duty to obtain pertinent, available medical records which come to his attention during the course of the hearing.” Madrid, 447 F.3d at 790 (quoting Carter v. Chater, 73 F.3d 1019, 1022 (10th Cir. 1996)) (alterations omitted).
cited Cited as authority (rule) Green v. Social Security Administration
D.N.M. · 2023 · confidence medium
Carter v. Chater, 73 F.3d 1019, 1021 (10th Cir. 1996); Gill v. Shalala, 5 F.3d 545 (10th Cir. 1993) (unpublished table decision).
discussed Cited as authority (rule) Hunt v. Social Security Administration
N.D. Okla. · 2023 · confidence medium
As a result, “[a]n ALJ has the duty to develop the record by obtaining pertinent, available medical records which come to his attention during the course of the hearing.” Carter v. Chater, 73 F.3d 1019, 1022 (10th Cir. 1996).
cited Cited as authority (rule) Engberg v. Social Security Administration, Commissioner of
D. Kan. · 2023 · confidence medium
This duty is especially strong in the case of an unrepresented claimant.’” Id. (quoting Carter v. Chater, 73 F.3d 1019, 1021 (10th Cir. 1996)).
discussed Cited as authority (rule) Hanson v. Social Security Administration
N.D. Okla. · 2022 · confidence medium
As a result, “[a]n ALJ has the duty to develop the record by obtaining pertinent, available medical records which come to his attention during the course of the hearing.” Carter v. Chater, 73 F.3d 1019, 1022 (10th Cir. 1996).
discussed Cited as authority (rule) Carter v. Commissioner of Social Security Administration
W.D. Okla. · 2022 · confidence medium
Specifically, “[a]n ALJ has the duty to develop the record by obtaining pertinent, available medical records which come to his attention during the course of the hearing.” Carter v. Chater, 73 F.3d 1019, 1022 (10th Cir. 1996); see also Maes v. Astrue, 522 F.3d 1093, 1097 (10th Cir. 2008) (“[W]hen the ALJ considers an issue that is apparent from the record, he has a duty of inquiry and factual development with respect to that issue.”).
cited Cited as authority (rule) Lowery v. Social Security Administration, Commissioner of
D. Kan. · 2022 · confidence medium
Carter v. Chater, 73 F.3d 1019, 1022 (10th Cir. 1996).
discussed Cited as authority (rule) Fisher v. Social Security Administration
N.D. Okla. · 2022 · confidence medium
As a result, “[a]n ALJ has the duty to develop the record by obtaining pertinent, available medical records which come to his attention during the course of the hearing.” Carter v. Chater, 73 F.3d 1019, 1022 (10th Cir. 1996).
cited Cited as authority (rule) Nonnen v. Commissioner of the Social Security Administration
W.D. Okla. · 2021 · confidence medium
An ALJ has the duty to develop he record by obtaining pertinent, available medical records which come to his attention during the course of the hearing. , 73 F.3d 1019, 1022 (10th Cir. 1996).
discussed Cited as authority (rule) Garcia v. Social Security Administration
D.N.M. · 2021 · confidence medium
Ultimately, the “ALJ has the duty to develop the record by obtaining pertinent, available medical records which come to his attention during the course of the hearing.” Carter v. Chater, 73 F.3d 1019, 1022 (10th Cir. 1996). 6 Here, Defendant urges that the ALJ committed no error because the records were not material or “necessary for full presentation of [the] case.” [Doc. 17] at 5 (quoting 20 C.F.R. § 416.1450 (d)).
discussed Cited as authority (rule) Crawford v. Commissioner of Social Security
S.D. Ohio · 2020 · confidence medium
Mich. July 1, 2010) (quoting Carter v. Chater, 73 F.3d 1019, 1022 (10th Cir. 1996)) (holding that an ALJ satisfies his “‘duty to develop the record by obtaining pertinent, available medical records which c[a]me to his attention during the course of the hearing’”).
discussed Cited as authority (rule) McAfee v. Social Security Administration
E.D. Okla. · 2020 · confidence medium
As a result, “[a]n ALJ has the duty to develop the record by obtaining pertinent, available 12 medical records which come to his attention during the course of the hearing.” Id. quoting Carter v. Chater, 73 F.3d 1019, 1022 (10th Cir. 1996).
discussed Cited as authority (rule) Greenhalgh v. Social Security Administration
D.N.M. · 2020 · confidence medium
However, an ALJ’s duty to develop the record is not without limits: an ALJ need only “obtain [ ] pertinent, available medical records which come to his attention during the course of the hearing.” Carter v. Chater, 73 F.3d 1019, 1022 (10th Cir. 1996).
cited Cited as authority (rule) Whitney v. Social Security Administration
D.N.M. · 2020 · confidence medium
“Generally, this means that the ‘ALJ has the duty to…obtain [] pertinent, available medical records.” Madrid, 447 F.3d at 790 (quoting Carter v. Chater, 73 F.3d 1019, 1022 (10th Cir. 1993)).
discussed Cited as authority (rule) McCammon v. Social Security Administration
E.D. Okla. · 2020 · confidence medium
As a result, A[a]n ALJ has the duty to develop the record by obtaining pertinent, available medical records which come to his attention during the course of the hearing.@ Id. quoting Carter v. Chater, 73 F.3d 1019, 1022 (10th Cir. 1996).
discussed Cited as authority (rule) McKeel v. Social Security Administration
E.D. Okla. · 2020 · confidence medium
As a result, “[a]n ALJ has the duty to develop the record by obtaining pertinent, available medical records which come to his attention 6 during the course of the hearing.” Id. quoting Carter v. Chater, 73 F.3d 1019, 1022 (10th Cir. 1996).
discussed Cited as authority (rule) Olive v. Social Security Administration
E.D. Okla. · 2020 · confidence medium
As a result, “[a]n ALJ has the duty to develop the record by obtaining 8 pertinent, available medical records which come to his attention during the course of the hearing.” Id. quoting Carter v. Chater, 73 F.3d 1019, 1022 (10th Cir. 1996).
discussed Cited as authority (rule) Browne v. Commissioner, Social Security Administration
D. Colo. · 2020 · confidence medium
A. THE ALJ DID NOT ADEQUATELY DEVELOP THE RECORD “Although a claimant has the burden of providing medical evidence proving disability, the ALJ has a basic duty of inquiry to fully and fairly develop the record as to material issues.” Carter v. Chater, 73 F.3d 1019, 1021 (10th Cir. 1996) (quoting Baca v. Dep't of Health & Human Servs., 5 F.3d 476, 479-80 (10th Cir. 1993)).
discussed Cited as authority (rule) Rabache v. Social Security Administration
D.N.M. · 2019 · confidence medium
Generally, this means that the “ALJ has the duty to . . . obtain [ ] pertinent, available medical records which come to his attention during the course of the hearing.” Carter v. Chater, 73 F.3d 1019, 1022 (10th Cir. 1996).
discussed Cited as authority (rule) Henderson v. Colvin
D. Colo. · 2015 · confidence medium
Moreover, the failure to fully and fairly develop the record is especially glaring in this instance both because plaintiff was unrepresented at the hearing, see Carter v. Chater, 73 F.3d 1019, 1021 (10th Cir.1996), and also because, although plaintiff apprised the ALJ that he believed the file was not complete, the judge appears to have simply spoken over plaintiffs attempts to explain and summarily concluded otherwise (see Tr. 22-23).
discussed Cited as authority (rule) Miller v. Astrue
10th Cir. · 2012 · signal: cf. · confidence medium
Cf. Carter v. Chater, 73 F.3d 1019, 1022 (10th Cir.1996) (observing that the “ALJ has the duty to develop the record by obtaining pertinent, available medical records which come to his attention during the course of the hearing”).
discussed Cited as authority (rule) Krauser v. Astrue
10th Cir. · 2011 · signal: cf. · confidence medium
There simply was not “evidence sufficient to suggest a reasonable probability that a severe impairment exist[ed].” Hawkins v. Chater, 113 F.3d 1162, 1167 (10th Cir.1997) (setting out claimant’s burden to demonstrate issue requiring development by Commissioner); Cf. Carter v. Chater, 73 F.3d 1019, 1021-22 (10th Cir.1996) (noting Commissioner had a duty to develop issue where medical records showed depression had been diagnosed).
discussed Cited as authority (rule) Maes v. Astrue
10th Cir. · 2008 · confidence medium
Thus, “ ‘[a]n ALJ has the duty to develop the record by obtaining pertinent, available medical records which come to his attention during the course of the hearing.’ ” Id. (quoting Carter v. Chater, 73 F.3d 1019, 1022 (10th Cir.1996)) (alteration in original).
discussed Cited as authority (rule) Watson v. Barnhart
10th Cir. · 2006 · confidence medium
Ordinarily, the ALJ “has the duty to develop the record by obtaining pertinent, available medical records which come to his attention during the course of the hearing.” Carter v. Chater, 73 F.3d 1019, 1022 (10th Cir. 1996).
discussed Cited as authority (rule) Watson v. Barnhart
10th Cir. · 2006 · confidence medium
Ordinarily, the ALJ “has the duty to develop the record by obtaining pertinent, available medical records which come to his attention during the course of the hearing.” Carter v. Chater, 73 F.3d 1019, 1022 (10th Cir.1996).
discussed Cited as authority (rule) Miracle v. Barnhart
10th Cir. · 2006 · confidence medium
In addition to developing the record at the hearing through careful questioning, and by obtaining the services of a consultative examiner when necessary, the ALJ “has the duty to develop the record by obtaining pertinent, available medical records which come to his attention during the course of the hearing.” Carter v. Chater, 73 F.3d 1019, 1022 (10th Cir.1996).
discussed Cited as authority (rule) Miracle v. Barnhart
10th Cir. · 2006 · confidence medium
In addition to developing the record at the hearing through careful questioning, and by obtaining the services of a consultative examiner when necessary, the ALJ “has the duty to develop the record by obtaining pertinent, available medical records which come to his attention during the course of the hearing.” Carter v. Chater, 73 F.3d 1019, 1022 (10th Cir. 1996).
discussed Cited as authority (rule) Tony L. Madrid v. Jo Anne B. Barnhart, Commissioner of the Social Security Administration (2×) also: Cited "see"
10th Cir. · 2006 · confidence medium
Generally, this means that the “ALJ has the duty to ... obtain[ ] pertinent, available medical records which come to his attention during the course of the hearing.” Carter v. Chater, 73 F.3d 1019, 1022 (10th Cir.1996).
discussed Cited as authority (rule) Williams v. Barnhart (2×)
10th Cir. · 2006 · confidence medium
“This duty is especially strong in the case of an unrepresented claimant.” Carter v. Chater, 73 F.3d 1019, 1021 (10th Cir.1996).
discussed Cited as authority (rule) Madrid v. Barnhart (2×) also: Cited "see"
10th Cir. · 2006 · confidence medium
Generally, this means that the “ALJ has the duty to . . . obtain[] pertinent, available medical records which come to his attention during the course of the hearing.” Carter v. Chater, 73 F.3d 1019, 1022 (10th Cir. 1996).
discussed Cited as authority (rule) Gabaldon v. Barnhart
D.N.M. · 2005 · confidence medium
(R. at 29.) He found that “[i]t is not clear from a review of the record that the claimant developed fibromyalgia before her date last insured, December 2002.” (R. at 26.) “An ALJ has the duty to develop the record by obtaining pertinent, available medical records which come to his attention during the course of the hearing.” Carter v. Chater, 73 F.3d 1019, 1022 (10th Cir.1996) (citing 20 C.F.R. § 404.944 ; Baker v. Bowen, 886 F.2d 289, 291-92 (10th Cir.1989)).
discussed Cited as authority (rule) Connick v. Barnhart
10th Cir. · 2005 · confidence medium
Thus, even when a claimant fails to provide pertinent information, the ALJ “has the duty to develop the record by obtaining pertinent, available medical records which come to his attention during the course of the hearing.” Carter v. Chater, 73 F.3d 1019, 1022 (10th Cir.1996) (emphasis added).
discussed Cited as authority (rule) Grogan v. Barnhart
10th Cir. · 2005 · confidence medium
When he considers an issue, an ALJ “has the duty to develop the record by obtaining pertinent, available medical records which come to his attention during the course of the hearing.” Carter v. Chater, 73 F.3d 1019, 1022 (10th Cir.1996).
cited Cited as authority (rule) Eacret v. Barnhart
10th Cir. · 2005 · confidence medium
Carter v. Chater, 73 F.3d 1019, 1022 (10th Cir.1996).
cited Cited as authority (rule) Lee v. Barnhart
10th Cir. · 2004 · confidence medium
Carter v. Chater, 73 F.3d 1019, 1022 (10th Cir.1996).
discussed Cited as authority (rule) Salazar v. Barnhart
D.N.M. · 2004 · confidence medium
“An ALJ has the duty to develop the record by obtaining pertinent, available medical records which come to his attention during the course of the hearing.” Carter v. Chater, 73 F.3d 1019, 1022 (10th Cir.1996); see also 20 C.F.R. §§ 404.944 , 416.1444 (requiring ALJ to look fully into issues); Social Security Ruling 96-7p, 1996 WL 374186 , at *2 n.3 (requiring ALJ to develop “evidence regarding the possibility of a medically determinable mental impairment when the record contains information to suggest that such an impairment exists”).
discussed Cited as authority (rule) Christel Branum v. Jo Anne B. Barnhart, Commissioner, Social Security Administration
10th Cir. · 2004 · confidence medium
As a result, “[a]n ALJ has the duty to develop the record by obtaining pertinent, available medical records which come to his attention during the course of the hearing.” Carter v. Chater, 73 F.3d 1019, 1022 (10th Cir.1996).
discussed Cited as authority (rule) Branum v. Barnhart
10th Cir. · 2004 · confidence medium
As a result, “[a]n ALJ has the duty to develop the record by obtaining pertinent, available medical records which come to his attention during the course of the hearing.” Carter v. Chater, 73 F.3d 1019, 1022 (10th Cir.1996).
cited Cited as authority (rule) Jesse v. Barnhart
D. Kan. · 2004 · confidence medium
Id. (citing Carter v. Chater, 73 F.3d 1019, 1022 (10th Cir.1996)). 25 .
discussed Cited as authority (rule) Arteaga v. Barnhart
10th Cir. · 2004 · confidence medium
Generally, “[a]n ALJ has the duty to develop the record by obtaining pertinent, available medical records which come to his attention during the course of the hearing.” Carter v. Chater, 73 F.3d 1019, 1022 (10th Cir.1996).
discussed Cited as authority (rule) Cainglit v. Barnhart
10th Cir. · 2003 · confidence medium
Generally, “[a]n ALJ has the duty to develop the record by obtaining pertinent, available medical records which come to his attention during the course of the hearing.” Carter v. Chater, 73 F.3d 1019, 1022 (10th Cir.1996).
cited Cited as authority (rule) Falk v. Commissioner of the Social Security Administration
D. Kan. · 2003 · confidence medium
Carter v. Chater, 73 F.3d 1019, 1021 (10th Cir.1996). 27 .
discussed Cited as authority (rule) Boss v. Barnhart
10th Cir. · 2003 · confidence medium
While it is beyond dispute that the burden to prove disability in a social security case is on the claimant, “[a]n ALJ has the duty to develop the record by obtaining pertinent, available medical records which come to his attention during the course of the hearing.” Carter v. Chater, 73 F.3d 1019, 1022 (10th Cir.1996).
Retrieving the full opinion text from the archive…
49 soc.sec.rep.ser. 824, unempl.ins.rep. (Cch) P 15077b Nelda Carter
v.
Shirley S. Chater, Commissioner of Social Security
95-5051.
Court of Appeals for the Tenth Circuit.
Jan 9, 1996.
73 F.3d 1019
Mark E. Buchner, Tulsa, Oklahoma, for Plaintiff-Appellant., Stephen C. Lewis, United States Attorney, Tulsa, Oklahoma, Joseph B. Liken, Acting Chief Counsel, Region VI, and Linda H. Green, Assistant Regional Counsel, Office of the General Counsel, Dallas, Texas, for Defendant-Appellee.
Seymour, McKay, Lucero.
Cited by 97 opinions  |  Published
McKAY, Circuit Judge.

Nelda Carter appeals from an order of the district court affirming the Commissioner’s decision denying her disability and Supplemental Security Income (SSI) benefits. [1] Ms. Carter filed for disability insurance benefits on July 11, 1990, and for SSI on November 14, 1990, alleging disability due to paroxysmal atrial tachycardia, a chronic peptic ulcer, gastrointestinal pain, and weakness in her left arm. Her requests were denied initially and on reconsideration. Following a de novo hearing on March 4, 1991, an administrative law judge (ALJ) determined that Ms. Carter was not disabled within the meaning of the Social Security Act and denied benefits. The Appeals Council denied Ms. Carter’s request for review and she filed suit in district court. A United States Magistrate Judge affirmed the ALJ’s decision, and Ms. Carter appealed to this court.

The Secretary has established a five-step evaluation process pursuant to the Social Security Act for determining whether a claimant is disabled within the meaning of the Act. See Williams v. Bowen, 844 F.2d 748, 750-52 (10th Cir.1988) (discussing five-step disability test in detail). Here, the ALJ denied benefits at step .five. He found that Ms. Carter retained the residual functional capacity to perform sedentary and light work, reduced by her need to work in a less stressful than average environment. He then applied the Medical-Vocational Guidelines, 20 C.F.R. § 404, Subpt. P, App. 2 (the grids) as a framework, considered testimony from a vocational expert, and concluded that Ms. Carter was not disabled.

Ms. Carter argues that the ALJ failed to advise her adequately of her right to counsel. The record reveals, however, that the ALJ did advise Ms. Carter of her right to counsel prior to the hearing, and that she waived that right. Appellant’s App., Vol. I at 16. The notice of hearing, notice of denial, and notice of reconsideration sent to Ms. Carter also advised her of her right to representation. Id. at 15, 29, 76. While the customary and better practice would seem to be to place .both the advisement and the waiver on the record during the hearing, neither the pertinent statute, see 42 U.S.C. § 406(c), nor the regulations, see 20 C.F.R. § 404.1706, nor our previous cases require any more advisement than was given in this ease. See Garcia v. Califano, 625 F.2d 354, 356 (10th Cir.1980).

Ms. Carter further argues that the ALJ failed to develop fully the record. We agree. “Although a claimant has the burden of providing medical evidence proving disability, the ALJ has a basic duty of inquiry to fully and fairly develop the record as to material issues.” Baca v. Department of Health & Human Servs., 5 F.3d 476, 479-80 (10th Cir.1993) (citations omitted). This duty is especially strong in the ease of an unrepresented claimant. Musgrave v. Sullivan, 966 F.2d 1371, 1374 (10th Cir.1992).

Although her applications did not mention depression, the evidence Ms. Carter submitted to the ALJ included an evaluation by Dr. Baum, performed December 6,1989, in which he diagnosed her as suffering from “depression and associated neuropsychiatric symp[*1022] toms.” Appellant’s App., Vol. I at 209. [2] The ALJ acknowledged in his decision that Ms. Carter had alleged a “disabling psychiatric condition” of depression. Id. at 23. He rejected Dr. Baum’s diagnosis, however, because it was “unsupported by any testing or even a clinical interview....” Id.

The existence of Dr. Baum’s diagnosis required the ALJ to develop the record concerning depression. Hill v. Sullivan, 924 F.2d 972, 974-75 (10th Cir.1991). At the hearing, the ALJ asked Ms. Carter whether she had ever seen a psychiatrist or obtained counseling. Ms. Carter mentioned having consulted Dr. Foley for “job stress” in 1989. Appellant’s App., Vol. I at 41. Dr. Baum’s report indicated that Ms. Carter had recently been given two weeks of disability as the result of her consultation with Dr. Foley. Id. at 204. The ALJ did not inquire further, request any of Dr. Foley’s reports or records, or order a consultative examination of Ms. Carter for depression. [3]

An ALJ has the duty to develop the record by obtaining pertinent, available medical records which come to his attention during the course of the hearing. See generally 20 C.F.R. § 404.944; Baker v. Bowen, 886 F.2d 289, 291-92 (10th Cir.1989). The ALJ’s only stated reason for discounting Ms. Carter’s diagnosis of depression was that there were no medical tests to support it. However, he made no effort to obtain such tests or to determine what testing Dr. Foley might have performed. We therefore remand for further development of the record concerning Ms. Carter’s claims of depression.

Ms. Carter also asserts that the Secretary’s decision is unsupported by substantial evidence. We review the Secretary’s decision to determine whether the factual findings are supported by substantial evidence in the record viewed as a whole and whether the correct legal standards were applied. Andrade v. Secretary of Health & Human Servs., 985 F.2d 1045, 1047 (10th Cir.1993). Substantial evidence is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Fowler v. Bowen, 876 F.2d 1451, 1453 (10th Cir.1989) (quotation omitted).

There is substantial evidence in the record to support the ALJ’s findings that the effect of Ms. Carter’s alleged paroxysmal atrial tachycardia, her peptic ulcer and the weakness or numbing in her arm, standing alone, did not render her disabled. On remand, however, after further development of the record, the ALJ should give consideration to whether Ms. Carter suffers from an affective disorder, as defined in 20 C.F.R. § 404, Subpt. P, App. 1, § 12.04, or a nonex-ertional mental impairment. Ms. Carter’s mental impairments, if any, must be evaluated in combination with her physical impairments. See Hargis v. Sullivan, 945 F.2d 1482, 1492 (10th Cir.1991). If the ALJ again reaches his decision at step five, he should consider Ms. Carter’s mental impairments, if any, in completing the Psychiatric Review Technique form, in evaluating Ms. Carter’s residual functional capacity, and in framing a revised, hypothetical question to the vocational expert.

The judgment of the United States District Court for the Northern District of Oklahoma is REVERSED, and this case is REMANDED for further proceedings in accordance with this order and judgment.

1

. After examining the briefs and appellate record, this panel has determined unanimously to grant the parties’ request for a decision on the briefs without oral argument. See Fed.R.App.P. 34(f) and 10th Cir.R. 34.1.9. The case is therefore ordered submitted without oral argument.

2

. Dr. Baum’s evaluation notes psychiatric symptoms, including "[difficulty concentrating, difficulty sleeping, fatigue and lack of energy, depression, anger, crying spells, loss of appetite, difficulty with work, anxiety, and nervousness.” Appellant’s App., Vol. I at 206.

3

. On appeal, Ms. Carter presents us with records from Dr. Foley's consultations with her in 1989. The records show that he indeed performed psychological tests on her, including the Minnesota Multiphasic Personality Inventory (MMPI), and that the test results indicated depression. Appellant’s App., Vol. Ill at 13. Although Ms. Carter raised the issue of failure to develop the record before the district court, she did not present Dr. Foley's records to the agency or to that court. Normally, we do not consider evidence presented for the first time on appeal. See Selman v. Califano, 619 F.2d 881, 884-85 (10th Cir.1980). Following this rule, we have not relied on these records in reaching our decision. We note, however, that they do tend to demonstrate that there may have been relevant evidence which the ALJ could have elicited by properly developing the record.