Fourth Circuit Rules on New Evidence Submitted to Appeals Council

In a recently published opinion, the U. S. Court of Appeals for the Fourth Circuit resolved a conflict within the Circuit over the summary denial of requests for review when new evidence is submitted to the Appeals Council. Meyer v. Astrue, 662 F.3d 700 (4th Cir. 2011) The court rejected arguments that the Appeals Council has a duty to articulate reasons for denying a request for review, but went on to reverse the Commissioner and remand the case for administrative findings of fact regarding new and material opinion evidence submitted to the Appeals Council.

Meyer suffered severe spinal injuries when he fell 25 feet out of a stand while hunting. His neurosurgeon and pain management doctors declined to provide medical opinions in support of the disability claim, forcing Meyer to obtain an independent medical examination (IME) to prove his case. The ALJ rejected the IME opinion and denied the claim, noting that none of Meyer’s treating physicians had expressed an opinion concerning work-related restrictions.

On request for Appeals Council review, Meyer was advised to make another attempt at getting the treating neurosurgeon to support his claim. This time, the doctor agreed to help and prepared a detailed opinion letter. The Appeals Council admitted the new opinion into the administrative record but summarily denied the request for review.

The Fourth Circuit agreed with the majority of the circuits in holding that neither the Social Security Act nor the regulations requires the Appeals Council to articulate reasons for its decision to deny a request for review, even when new and material evidence is submitted at the Appeals Council level. The court also held that when the Appeals Council denies a request for review, the ALJ decision becomes the final decision of the Commissioner for purposes of the judicial review statute, 42 U.S.C. § 405(g).

The Court also held that lack of administrative analysis of new evidence by the Appeals Council does not render judicial review “impossible”—as long as the record provides an adequate explanation of the Commissioner’s decision. In such cases the Court can either affirm or reverse outright based solely on its review of the administrative record as a whole.

While the Fourth Circuit affirmed the Commissioner’s interpretation of the Act and regulations regarding Appeals Council review, the court reversed and remanded the case on the ground that the court could not determine whether substantial evidence supported the ALJ decision without further findings of fact by the Commissioner regarding the new opinion evidence submitted to the Appeals Council. In so ruling, the Fourth Circuit relied on its prior holding in Wilkins v. Sec’y, Dep’t of Health & Human Servs., 953 F.2d 93 (4th Cir. 1991)(en banc).

The Court outlined a range of options available to reviewing courts when new evidence is submitted to the Appeals Council. At one end of the spectrum the Court cited Smith v. Chater, 99 F.3d 635 (4th Cir. 1996), as an example of an ALJ decision that is supported by substantial evidence and should be affirmed despite the submission of new evidence, because the new evidence is not material. On the other end of the spectrum is Wilkins, which the Court cited as an example of when it is appropriate to reverse an ALJ decision outright, with instructions to award benefits because the new and material evidence submitted to the Appeals Council is not controverted by other evidence in the record. The third option available to reviewing courts, which lies between the two bookends of affirmance and outright reversal, occurs when the court cannot determine whether substantial evidence supports the ALJ denial of benefits because the new evidence is material but there is other competing evidence of record that conflicts with the new evidence.

The Fourth Circuit concluded that Meyer’s new evidence required the middle path of remand for administrative findings of fact. The Court concluded that assessing the probative value of competing evidence is quintessentially the role of the fact-finder, not the courts. In cases in which the Commissioner has not made any findings of fact regarding new and material evidence submitted to the Appeals Council, and there is other evidence of record which conflicts with the new evidence, the court cannot undertake that action in the first instance but must remand the case instead.

The Court also acknowledged that in some cases, additional administrative fact-finding would be helpful for purposes of judicial review, though not required by the regulatory scheme. The Court went on to observe that analysis of new evidence by the Appeals Council or remand by the Appeals Council to the ALJ for such analysis, would be “particularly” helpful when the new evidence constitutes the only medical opinion evidence in the record from a treating physician.

The Meyer case will be disappointing to those looking for a bright line test. The Fourth Circuit firmly held that it is not the role of the courts to weigh evidence. And the court made it clear that it will not reverse outright or remand a case based on new evidence submitted to the Appeals Council unless that evidence is material in the sense that it could have changed the ALJ’s decision. But the court’s determination of materiality requires it to evaluate the administrative record as a whole—and how can this be accomplished unless the court, to some degree, weighs the evidence?

Practice Tips

While the Meyer decision may not simplify federal court appeals in which new evidence is submitted to the Appeals Council, it does provide some valuable lessons for Social Security practitioners.

• First and foremost, Meyer emphasizes the primacy of the treating physician opinion in determining whether a claimant is disabled. If the new evidence submitted at the Appeals Council level is the opinion of a treating physician, the court is more likely to find that the new evidence is material and that reversal or remand is warranted. This is particularly the case when the new evidence constitutes the only opinion evidence in the record from a treating physician.

• The second lesson to be gleaned from Meyer is that attorneys should always strive to obtain and submit new evidence from treating physicians at any level of appeal, including the Appeals Council or federal court. In cases such as Meyer, a treating physician who was reluctant to give a written opinion at the hearing level may be convinced to provide that opinion on appeal when advised that the case was denied because the doctor had declined to help. Attorneys should consider taking cases at the Appeals Council level even though the claimant was previously represented by another attorney or appeared at the hearing pro se. Many of these cases can be won on appeal by submitting a new treating physician’s opinion, particularly when there was no treating physician opinion in the record before the ALJ.

• Last of all, Meyer suggests that when a treating physician refuses to provide an opinion prior to the ALJ hearing, it is important to document that fact in the record. Meyer’s efforts to get opinions from his treating physicians prior to the hearing were addressed in the pre-hearing brief, Meyer’s testimony, and in closing argument at the hearing. These facts were cited by the Fourth Circuit and highlighted the materiality of the new treating physician opinion. While there is no good cause requirement for submission of new evidence at the Appeals Council level, the fact that Meyer had been diligent in seeking a treating physician opinion made the case for a remand far more compelling to the reviewing court.

Robertson H. Wendt Jr., is a board certified attorney who specializes in Social Security disability law in Charleston, SC. Find out more about him at www.robertsonwendt.

Visual Storytelling: How Corporate Videos Engage and Persuade Audiences

The Power of Corporate Videos in Capturing Attention

With the ever-increasing competition for consumers’ attention, businesses are constantly searching for innovative ways to capture and engage their target audience. In this digital age, corporate videos have emerged as a powerful tool in grabbing the attention of viewers. Whether it’s a promotional video on social media or a presentation at a business conference, a well-crafted corporate video has the ability to captivate and hold the attention of its audience.

One of the reasons why corporate videos are so effective in capturing attention is their ability to convey information in a visually appealing and easily digestible format. Unlike lengthy text-based content, videos have the advantage of combining visuals, audio, and motion to create a compelling narrative. With the use of eye-catching graphics, stunning visuals, and engaging storytelling techniques, corporate videos are able to grab the viewer’s attention from the very first second and maintain their interest throughout the duration of the video. This makes corporate videos an invaluable tool for businesses looking to make a lasting impression and stand out in a crowded marketplace.
Crafting Compelling Narratives through Visual Storytelling

In today’s fast-paced digital world, capturing the attention of viewers has become a significant challenge for businesses. This is where the power of corporate videos comes into play. By effectively employing visual storytelling techniques, companies can create compelling narratives that resonate with their target audience.

Visual storytelling allows brands to convey their message in a captivating and engaging manner. Through the use of visually appealing images, graphics, and animations, businesses can create narratives that evoke emotions and leave a lasting impact on viewers. By presenting their products or services in a narrative format, companies have the opportunity to connect with their audience on a deeper level, fostering brand loyalty and ultimately driving conversion.

When crafting compelling narratives through visual storytelling, it is essential for businesses to understand the needs and preferences of their target audience. By conducting thorough research and gathering relevant data, companies can tailor their content to resonate with their viewers effectively. By understanding what motivates and engages their audience, businesses can create videos that effectively communicate their message and leave a lasting impression. Through meticulous planning and strategic execution, corporate videos can serve as powerful marketing tools that captivate, persuade, and leave a lasting impact on viewers.
Engaging and Persuading Audiences with Emotionally-driven Content

Emotionally-driven content has the power to captivate and influence audiences in ways that traditional, information-driven content cannot. By appealing to the emotions of viewers, corporate videos can forge a deep connection and create a lasting impact. Whether it is evoking feelings of joy, sadness, or inspiration, emotional storytelling can engage audiences on a visceral level and leave a lasting impression.

When crafting emotionally-driven content, it is essential to understand the target audience and their emotions. By conducting thorough research and audience analysis, companies can gain insights into the values, desires, and needs of their viewers. This knowledge allows for the creation of tailored video messages that resonate with the audience on a personal level. Additionally, understanding the emotions that are most relevant to the target audience enables the production of content that is relatable, authentic, and genuinely powerful in its ability to engage and persuade.
The Role of Visual Elements in Enhancing the Impact of Corporate Videos

Corporate videos have become a crucial tool for businesses to convey their brand message and engage with their target audience. In this digital age, where attention spans are shorter than ever, utilizing visual elements in corporate videos is essential to capture and hold the viewer’s attention. Visual elements such as graphics, animations, and high-quality cinematography can enhance the impact of corporate videos by making them visually appealing and memorable.

One major advantage of incorporating visual elements in corporate videos is their ability to communicate complex information in a simpler and more engaging way. Visuals have the power to simplify complicated concepts, making them easier to understand and digest by the audience. Infographics and charts, for example, can effectively present data and statistics, providing a visual representation that is more compelling than simply stating the information verbally or in written form. Additionally, incorporating visuals that are aesthetically pleasing and aligned with the brand’s identity can help create a stronger emotional connection with the audience, increasing the overall impact of the video.
Understanding the Target Audience to Tailor Effective Video Messages

To create effective video messages, it is crucial to have a deep understanding of the target audience. This involves conducting thorough research and analysis to identify their demographics, preferences, needs, and motivations. By understanding who the intended viewers are, companies can tailor their video content to resonate with them on a personal level.

One way to gain insight into the target audience is by conducting surveys or feedback sessions to gather their opinions and preferences. This can be done through online questionnaires, focus groups, or even social media polls. By listening to the audience’s feedback, companies can better understand their desires and expectations, and adapt their video messages accordingly. Additionally, analyzing website analytics, social media engagement metrics, and previous video performance can provide valuable insights into what types of content resonates most with the target audience.

When it comes to tailoring video messages, it is essential to consider not only the interests and needs of the audience but also the platforms on which the videos will be shared. Different platforms have different audience demographics and preferences, so companies should ensure their videos align with the specific requirements and expectations of each platform. By customizing the content to fit the platform, companies can maximize the video’s reach and impact on the intended target audience.

Understanding the target audience is not only crucial for crafting impactful video messages but also for creating a connection and building trust with viewers. By tailoring content specifically to their needs and preferences, companies can capture their attention, engage them emotionally, and ultimately drive them to take the desired action. Therefore, investing time and effort in understanding the target audience is a fundamental step in creating effective corporate videos.
Effective Strategies for Storyboarding and Scriptwriting in Corporate Videos

Storyboarding and scriptwriting are critical aspects of creating effective corporate videos. These strategies lay the foundation for a coherent and engaging visual narrative that effectively conveys the message to the target audience.

When it comes to storyboarding, it is essential to have a clear vision of the desired video outcome. This includes deciding on the shots, camera angles, and transitions that will best convey the intended message. A well-planned storyboard helps to ensure that the video flows smoothly from one scene to the next, maintaining the viewer’s interest throughout. Additionally, it serves as a visual guide for the production team, allowing them to understand the director’s vision and execute it effectively.

Scriptwriting, on the other hand, is the art of crafting a compelling narrative that complements the visuals. It involves writing a well-structured and engaging script that conveys the intended message concisely and effectively. The script should also consider the target audience, incorporating language and tone that resonates with them. By carefully crafting the dialogue and narrative arc, scriptwriting can bring life to the story, making it more relatable and engaging for the viewers. When both storyboarding and scriptwriting are executed effectively, corporate videos have the potential to captivate and persuade audiences, leaving a lasting impact.

Upper Mustang- Hidden Gem of Nepal!

Highlights

Visit the antiquated Kingdom of Lo Manthang

Trek through a stark abandon scene with towers and precipices

Lying in the rain shadow, an incredible trek to get away from the mid year storm

Best Season

Upper Mustang lies in the rain shadow of the Himalaya, making it an incredible rainstorm trek and open year-round for trekking. The primary thought is the winter, when most inhabitants leave the cash-flow to keep away from the cool and snow. By and large, the best time to visit Upper Mustang is from March to early November.

Upper Mustang Trek is estranged into two separate belts with the name of Lower Mustang and Upper Mustang where the edging is considered as Kagbeni Village. Lo Manthang Trek one of epic trekking trail in Nepal is some of the time otherwise called The Last Forbidden Kingdom and also Little Tibet. The upper piece of Mustang by and large keep going for 10 days from Kagbeni to Lo Manthang and back to Kagbeni barring different days acquired from Kathmandu Pokhara, Pokhara Jomsom, and the other way around. As a result of the arrangement of controlled tourism exercises with Upper Mustang territory is announced as confined area to trek without issuing uncommon trekking grants and abutting with neighborhood organizations. For the most part, Upper Mustang incorporates of the drive to Pokhara which is trailed by Flight from Pokhara to Jomsom from where the treks start toward the Last taboo kingdom. Typically outsider searches for the choice of Kathmandu to Jomsom Flight which is unrealistic as there are no such direct from Kathmandu to Jomsom. Upper Mustang Trek offers a nearby perspective of Tibetan Lifestyle as dialect, culture and convention of individuals experienced amid Upper Mustang Trekking Nepal is firmly tied and bound by Tibetan way of life. Colt Nepal is likewise called as locale past Himalayan as not at all like perspective of the mountain on southern side on Nepal from horse one have to move back in the direction of the north side so as to view mountain extend. Lo Manthang otherwise called the city of mud as the whole house, cloisters are made in such a one of a kind way and painting with mud and stones. Tibetan banners, Chorten of remarkable shading and configuration are most alluring a portion of Mustang Trekking. These days on account of development of engine street alternative of Mustang Mountain Bike is plausible with both cycle and bikes too.

Upper Mustang is the Trans-Himalayan mountain range having the considerable impact of Tibetan culture and way of life. This 17 days Upper Mustang Trekking course covers the most regular, profound and promising estimations of west Himalayan district of Nepal. The trail course covers a few tributaries like Kaligandaki originating from Tibet, Kagbeni and some more. Investigate the stunning scene and constructed structures like cloisters, neighborhood stone houses and so forth. Kagbeni (2,858), Syanbochen (3,475m), Lo-Mangthang (3,810m) are the living pictures which mirrors the general public of the thousands years back to display. A large portion of the spots of the trail course offer us to appreciate the brilliant all-around perspectives of Himalayas. Nilgiri, Annapurna, Dhaulagiri and some more other are the mammoth snow masses just before us.