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Administrative – Social Security – Attorney’s Fees – New Evidence – Failure to Consider

Administrative – Social Security – Attorney’s Fees – New Evidence – Failure to Consider

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Pace v. Colvin (Lawyers Weekly No. 002-025-14, 4 pp.) (Mary G. Lewis, J.) 1:10-cv-03256; D.S.C.

Holding: Assessing the probative value of the competing evidence is quintessentially the role of the fact-finder; therefore, the Social Security Administration’s Appeals Council’s refusal to consider new and material from plaintiff’s treating physician was not substantially justified.

The court grants plaintiff’s request for attorney’s fees in the amount of $6,300.


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