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Florida court reverses ALJ

Osterhout Berger Disability Law > Case Summaries  > Florida court reverses ALJ

Florida court reverses ALJ

March 6, 2015. This case, referred by a nonattorney representative firm in Florida was remanded today on the basis that the ALJ’s mental RFC for “simple work” was found to be insufficiently descriptive in light of assessments provided by the claimant’s treating psychologist and SSA’s examining psychologist. Of note is the fact that the nonattorney representative had been unable to obtain treatment records from the psychologist, based upon her failure to provide them; the ALJ was informed of this fact and ignored the claimant’s request that he subpoena these records. This failure was found to be particularly egregious where, as here, the ALJ then relied upon the lack of the psychologist records as one of his rationales for giving little weight to that opinion.

OBL Staff