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Iowa District Court Grants Immediate Benefits

Osterhout Berger Disability Law > Case Summaries  > Iowa District Court Grants Immediate Benefits

Iowa District Court Grants Immediate Benefits

August 31, 2016.  The claimant, an individual over 55, was denied benefits after the ALJ found that she could perform other work with the skills that she had acquired from her previous employment.  We successfully argued that with an individual over 55, the ALJ had to conduct a special analysis to determine if the claimant’s skills would transfer.  His failure to do so was outcome determinative: if her skills readily transferred, with little to no vocational adjustment to other work, she is not disabled, however, if she did not have readily transferable skills, she would have to be found disabled.  The district court reversed the decision, holding that further proceedings would “merely delay receipt of benefits”, and awarded benefits immediately.

OBL Staff