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Illinois Court Reverses ALJ

Osterhout Berger Disability Law > Case Summaries  > Illinois Court Reverses ALJ

Illinois Court Reverses ALJ

August 30, 2016.  In this case, the ALJ found that the claimant could stand and walk for no more than a total of 4 hours in a workday.  However, as we correctly pointed out to the district court (and the hearing attorney pointed out to the ALJ), the vocational expert provided jobs, which the ALJ relied on in denying benefits, that exceeded 4 hours of walking and standing in a workday.  The district court found this to be error, stating that “it would be illogical” to expect a claimant who has severe reflex sympathetic dystrophy and required the use of a cane to stand for six hours a day.  The district court held that the ALJ has an “affirmative responsibility” to determine whether there are any conflicts in the vocational expert’s testimony and resolve any conflicts, and, finding that this ALJ did no such thing, even when confronted with the conflict, reversed the ALJ’s decision.

OBL Staff