...prepared and submitted the required plan to Congress in July, 1996. IV. Post Hoc Rationalization In opposition to IMC's motion...constituted a prohibited post hoc rationalization for the agency's action on which the district court should not have relied. In...). [16] IMC mistakes the government's supplemental evidence submitted on reconsideration as a post hoc rationalization. The rule barring consideration of post hoc agency ration...

...attempt to legitimize the ALJ's error is an illegitimate post hoc rationalization, contrary to the rule of S.E.C. v. Chenery, 332...evidence, any need to consider post hoc rationalization objection is obviated); Berryhill v. Shalala, No. 92-5876, 1993 WL 361792, at *7 (6th Cir. Sept. 13, 1993...court's judgment does not run afoul of the rule against post hoc rationalizations. Accordingly, we find no error in the district court's conclusion that the Commissioner's...

...; and (3) the district court engaged in prohibited post hoc rationalization, thereby affirming the ALJ's determination for reasons not...finding, as well as his conclusion that Poe can perform a significant number of jobs in the national economy and therefore was not disabled. C. Post Hoc Rationalization ..., Poe argues that the district court impermissibly used post hoc rationalizations, substituting its own "revised rationale" to uphold the decision of the Commissioner...

...this Court's precedents. Since such an interpretation is agency action, not a post hoc rationalization of it, and assumes a form expressly provided for by Congress when embodied...interpretation of OSH Act regulations in an administrative adjudication, however, is agency action, not a post hoc rationalization of it. Moreover, when embodied in a citation, the Secretary's...necessarily appear in forms undeserving of judicial deference. Our decisions indicate that agency "litigating positions" are not entitled to deference when they are merely appellate counsel's " post hoc...

...mere post hoc rationalization. In Citizens to Preserve Overton Park, Inc. v. Volpe, 401 U.S. 402, 419... held that post hoc rationalizations are an inadequate basis for review of agency decisions because they do not "constitute the `whole record' compiled by the agency.... The " post hoc rationalization" rule is not a time barrier which freezes an agency's exercise of its judgment after an initial decision has been made and bars it from further articulation of its...

...remand in such an instance is not a wholly post hoc rationalization of its earlier action, but merely elaborates, fills in interstices, or takes account of isolated neglected issues. In contrast...the agency on remand could be characterized as anything other than a wholly post hoc rationalization. ASH...). In a transparent attempt to circumvent the problem of post hoc rationalization, the CAB purports to promulgate a "new" rule, ER-1245A, supplying the statement of basis and...

.... Bryer's opinion is insufficient on its own to survive substantial evidence review. When Plaintiff raised this issue during federal court proceedings, defense counsel purportedly offered a post hoc rationalization for...reasons set forth in the ALJ's decision;’ the Commissioner may not offer a post-hoc rationalization.” Keiderling v. Astrue, No. Civ.A. 07–2237, 2008 WL 2120154, at *3 (E.D.Pa. May...treatment in the past ten years. ( Id.) With respect to the alleged “post hoc rationalization” put forth by defense counsel and accepted by the Magistrate Judge, the Court...

...rather to ensure that the parties have an opportunity to be heard on the remanded issue and prevent post hoc rationalization by administrative law judges...

.... (citation omitted). In this case, however, the agency's action may be upheld based on the ALJ's opinion, without reiving on a post hoc rationalization. We do not address the magistrate's reasoning...required — and that the magistrate judge improperly adopted this argument. The Supreme Court has held that a court may not accept appellate counsel's post hoc rationalizations for agency actions...

...amicus brief before this court. But under the circumstances of this appeal, this fact does not make it unworthy of deference, because the EEOC's position is in no sense a post hoc rationalization advan...was in no sense a post hoc rationalization advanced by an agency seeking to defend past agency action against attack, and there was simply no reason to suspect that the proffered interpretation did...proxy the ADA. I. At approximately 11:45 a.m. on June 20, 1994, the Postmaster of the United States Post Office in...

...evidence. Ante at 648. In detailing this alleged circumstantial evidence, the majority categorizes Colleton's explanation of the importance placed upon prior managerial experience as a "post-hoc rationalization" that...characterizing a shift in emphasis regarding the posted job qualifications as a "post-hoc rationalization," the majority fails to perceive the limited practical utility of a posted job description, as well...liability. Thus, I respectfully disagree that Colleton's emphasis on management experience in making its promotion decision constituted a "post-hoc rationalization" or was in any manner probative of pre...

...procedural error in failing to adequately articulate how he considered the consistency factor constitutes “an impermissible post-hoc rationalization,” and (3) the Report-Recommendation's searching review...affirm the Commissioner's decision based on an impermissible post-hoc rationalization, it may affirm where the ALJ's consideration of the relevant.... Duckett's opinion constitutes an impermissible post-hoc rationalization for the ALJ's evaluation of that opinion and that Magistrate Judge Dancks does not provide a “good reason” for discounting Dr...

...). We reject Plaintiff's argument that, by citing the POMS, the Commissioner is supplying a post-hoc rationalization for the ALJ's decision. Although the ALJ did not cite...

...reflects the “fair and considered judgment” of the Commissioner; instead, it reads more like a litigating position or “a post hoc rationalization.” Christopher v. SmithKline Beecham Corp...

...), 404.1527(c). Moreover, contrary to Smith-Johnson's contention, the above is not an improper post-hoc rationalization of the...ALJ's failure to consider Listing 12.05(C). Undoubtedly, there is a fine line between a post-hoc rationalization and a determination as to whether the record evidence raises a substantial question. Yet...

...finding that the July 2019 form was not material was an impermissible post hoc rationalization of the Appeals Council's decision, which did not reach that issue. I...Appeals Council on a post hoc rationalization. The Supreme Court stated the rule for post hoc rationalization of agency action in SEC v...judge the propriety of such action solely by the grounds invoked by the agency." Howze contends that the district court conducted a post hoc rationalization by supplementing its decision with a finding...

...a cogent, medical explanation for his decision to delay follow-up treatment, Zaya must point to some evidence that would permit a reasonable jury to reject his explanation as a post hoc rationalization. Cf...

.... Finally, DSA contends that the ALJ's order is based on post hoc rationalization, and therefore is unsupported by substantial evidence and is arbitrary, capricious, and...in violation of legal principles. A post hoc rationalization is an explanation offered in support of a decision after that decision has been made...the same as those presented to the ALJ and upon which the ALJ's order is based. DSA claims that As post hoc rationalization for its [adjustment], Clifton...