With no explanation, chose the best option from "A", "B", "C" or "D". claimant’s application differently. Finally, claimant must show (3) good cause for [his] failure to present the evidence earlier. Jones v. Sullivan, 949 F.2d 57, 60 (2d Cir.1991) (citations omitted) (citing Tirado v. Bowen, 842 F.2d 595, 597 (2d Cir.1988)). The record before the ALJ contained no evidence of mental impairment other than the psychiatric evaluation ordered by the ALJ. The progress notes and psychiatric evaluation by plaintiffs treating psychiatrist sought to be added to the record, therefore, are new evidence. Thus, plaintiff satisfies the first part of the test. The second part of the test is whether the new evidence is material and probative. The court need not address this element, however, because plaintiff fails to satisfy the third part of the test, nam ll.1984) (<HOLDING>). Furthermore, by requiring the Appeals Council

A: holding that claimant moving for summary judgment on its claim must conclusively prove all the essential elements of the claim and that claimant has the burden to show that there are no genuine issues of material fact and that claimant is entitled to judgment as a matter of law
B: recognizing petitioners must be afforded the opportunity to show good cause for filing a longer petition
C: holding the record must demonstrate that the alj considered all of the evidence and the alj must discuss  the evidence supporting his decision  the uncontroverted evidence he chooses not to rely upon and significantly probative evidence he rejects
D: holding that claimant must show good cause for failure to submit evidence to alj and appeals council
D.