Rodriguez v. Richardson

ORDER OF REMAND

FERNANDEZ-BADILLO, District Judge.

In open Court on March 25, 1971, a motion by plaintiff to remand to the Secretary of Health, Education & Welfare was denied without prejudice to reconsideration upon receipt of the entire administrative file. After the filing of the record, the parties filed further memoranda and the plaintiff submitted recent medical reports showing further deterioration of plaintiff’s general condition and of her vision. The defendant dismisses these reports as “cumulative” evidence.

Faced with such evidence that was not in the record, other courts have held…