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Florida District Court Reverses ALJ

Osterhout Berger Disability Law > Case Summaries  > Florida District Court Reverses ALJ

Florida District Court Reverses ALJ

May 26, 2015. In this case, on referral from a Florida Social Security representative group, the agency moved for voluntary remand after our brief was filed. The issues in this case revolved around the ALJ’s step 4 findings, which we challenged in toto – – we showed that the ALJ erred by incorrectly finding that she was able to perform it “as actually performed” based upon his own RFC finding, and further identified error (particularly in light of the as actually performed finding) in the fact that the ALJ’s discussion of the “as generally performed” aspect of step 4 was literally nonexistent. Moreover, we pointed out that the ALJ had failed to consider two plainly documented medical conditions in formulating his RFC. And, finally, the agency agreed that the Appeals Council had improperly designated medical evidence submitted to it as “about a later time” when the evidence facially proved otherwise.

OBL Staff