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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

March 27, 2015. In this case, referred by a non-attorney representative firm, we successfully argued that the ALJ improperly excluded any discussion of detailed office records which explicitly, on dozens of occasions, commented explicitly on the degree of limitation experienced by the claimant in social, ADLs, and work capacity. Since these assessments weren’t exactly the same on every visit, we were able to argue that the ALJ had also failed, pursuant to SSR 96-8p, to consider claimant’s case in light of her highly variable functioning. The court also agreed with us that the ALJ erred when he gave “great weight” to SSA’s consultative examiner’s assessment, but failed to include all of the mental limitations identified in the assessment in the RFC finding.

OBL Staff