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Minnesota District Court Reverses ALJ

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

Minnesota District Court Reverses ALJ

March 30, 2015. In this case, referred by a nonattorney representative firm, we successfully argued that the ALJ had failed to notice or discuss the claimant’s impending 55th birthday (three months) as of the date of her last insured. The Eighth Circuit has fairly detailed holdings on the subject of “borderline age situations”, Phillips v. Astrue, 671 F. 3d 699, 704 (8th Cir. 2012), which supported our position that the ALJ’s complete failure to discuss the issue was sufficient cause for remand; however, we were also able to show that the record established significant “vocational adversities”.

OBL Staff