Leo Mitchell filed a motion for relief from judgment based on a claim of new evidence discovered in 1994. Fed.R.Civ.P. 60(b)(2). The District Court entered an order denying the motion. We affirm.
I.
This ease began in 1990 when Mitchell filed applications for Disability Insurance Benefits and Supplemental Security Income. At that time, he claimed disability due to high blood pressure and degenerative joint disease. The Department of Health and Human Services denied the claim initially and after reconsideration.
In 1991, a hearing was held before an Administrative Law Judge. 1 In response to questions propounded by the ALJ, Mitchell stated that he could “read a little bit ...,” and that he had an eighth-grade education. Based on Mitchell’s testimony and other evidence adduced at the hearing, the ALJ concluded that Mitchell was unable to perform the heavy work he had done in the past. The ALJ found, however, that Mitchell retained the ability to perform a full range of medium work. The Appeals Council adopted the ALJ’s ruling in June of 1992, making it the Secretary’s final decision. The District Court 2 affirmed, granting summary judgment in favor of the Secretary on September 24, 1993.
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Mitchell then filed his Rule 60(b)(2) motion for relief from the District Court’s September 24 judgment. He also filed an appeal from that judgment with this Court. We considered Mitchell’s arguments on appeal and affirmed the District Court’s judgment, concluding that the ALJ’s decision was supported by substantial evidence on the record as a whole.
Mitchell v. Shalala,
II.
Generally, Rule 60(b) provides for extraordinary relief, which may be granted only upon a showing of exceptional circumstances.
Atkinson v. Prudential Ins. Co.,
More specifically, motions under Rule 60(b)(2) on the ground of newly discovered evidence are viewed with disfavor.
Dabney v. Montgomery Ward & Co.,
The new evidence offered by Mitchell is a Psychological Screening Evaluation conducted by Arkansas Rehabilitation Services. The evaluation reflects that Mitchell “is not literate,” and places “[h]is reading comprehension at the second grade level.” He asserts that the evaluation indicates that his educational level is marginal, which “would mandate a conclusion that he was disabled pursuant to the Vorn out worker rule.’ ” See 20 C.F.R. §§ 404.1562, 416.962. He offers the following explanation for his delay in submitting the evidence: the evaluation did not exist at the time of the administrative hearing; he was not represented by counsel at the hearing; and he was unable to recognize the need to present evidence with regard to his literacy or education level.
In denying Mitchell’s motion, the District Court concluded that Mitchell was not diligent in presenting the evidence and expressed a belief that the evaluation was not credible. We agree. Like the District Court, we are not persuaded by Mitchell’s claim that the delay is due to the fact that he was not represented by counsel. It is true that Mitchell was unrepresented at the hearing, but he retained counsel within 12 days of the Appeals Council’s decision. Yet, the evaluation was not obtained until after the District Court decision over a year and a half later. Thus, the administrative record went unsupplemented for over a year after it was adopted by the Appeals Council, and after it was found to be sufficient by the District Court. On these facts, we conclude that Mitchell failed to demonstrate due diligence to obtain and present evidence of his illiteracy.
Further, we are not convinced that the psychological screening, when considered with the evidence before the ALJ, would have changed the outcome of this case. We find it significant that Mitchell did not raise illiteracy as a disabling factor in his applications for benefits, nor as a basis for disability at his hearing. See
Sullins v. Shalala,
III.
In the alternative, Mitchell urges us to remand his case to the ALJ for reconsideration in light of the new evidence. We are precluded from doing so. We may order the Secretary to consider additional evidence “only upon a showing that there is new evidence which is material and that there is good cause for the failure to incorporate such evidence in the record in a prior proceeding.” 42 U.S.C. § 405(g). Mitchell fails to make such a showing, for reasons we have already explained.
In addition, the ALJ asked Mitchell if he could read. Mitchell stated that he could, leading the ALJ to believe that there was no need for further inquiry.
Brockman v. Sullivan,
We hold that the District Court did not abuse its discretion in holding that good cause for a remand had not been shown.
Affirmed.
