Generally, when an ALJ fails adequately to develop the record, we remand for further proceedings. See Rosa v. Callahan, 168 F.3d at 79-81. Remand is unnecessary in this case, however, because Lamorey submitted treatment notes from Dr. Kessler for the insured period to the Appeals Council. Thus, by the time the Commissioner’s decision became final upon denial of review by the Appeals Council, the record was adequately developed. See 20 C.F.R. § 404.970(b) (providing that where new and material evidence is submitted to the Appeals Council, the entire record is evaluated); see also Schaal v. Apfel, 134 F.3d 496, 505 (2d Cir.1998). Having conducted a de novo review of the administrative record, including the additional treatment notes of Dr. Kessler, see Perez v. Chater, 11 F.3d at 45 (<HOLDING>), we conclude, as the district court did, that
holding that judicial review of decisions of military correction boards is review of the administrative record conducted under the administrative procedure act holding that appeals council must consider evidence submitted with a request for review if it is a new b material and c related to the period on or before the date of the aljs decision holding that evidence not submitted to the district court cannot be part of the record on appeal holding that appeals council did not explicitly or implicitly reopen case and stating that appeals council must be afforded opportunity to look far enough into record to determine whether res judicata applies holding that additional records submitted to the appeals council are part of the administrative record for judicial review