What is the test for adding new evidence in a claim for disability benefits?
MultiRegion, United States of America
The following excerpt is from Henderson v. Saul, 19-232-cv (2nd Cir. 2019):
to consider additional evidence only upon a showing that there is new evidence which is material . . . ." Schaal v. Apfel, 134 F.3d 496, 506 (2d Cir. 1998). "New evidence is material if it is both (1) relevant to the claimant's condition during the time period for which the benefits were denied and (2) probative." Pollard v. Halter, 377 F.3d 183, 193 (2d Cir. 2004) (internal quotation marks omitted).
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