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TIRADO v. BOWEN

No. 608, Docket 87-6225.

842 F.2d 595 (1988)

Margarita TIRADO, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 10, 1988.

Attorney(s) appearing for the Case

Scott L. Cagan, Arcadio J. Reyes, Law Interns, New York City (Peter Margulies, Supervising Atty., New York Law School, Federal Litigation Clinic, Michael L. Perlin, Director, New York City, of counsel), for plaintiff-appellant.

Sapna V. Raj, Sp. Asst. U.S. Atty., S.D.N.Y. (Nancy Kilson, Asst. U.S. Atty., Rudolph W. Giuliani, U.S. Atty. S.D.N.Y., of counsel), for defendant-appellee.

Before LUMBARD and CARDAMONE, Circuit Judges, and LEISURE, District Judge.

CARDAMONE, Circuit Judge:

This is an appeal from the denial of disability benefits. The principal question before us is what disposition should be made when — after such a denial — the claimant for the first time on appeal presents new medical evidence to support her claim. We recognize, of course, that claimants ordinarily should have but one opportunity to prove entitlement to benefits, otherwise disability administrative proceedings would be an unending...

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