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Mississippi District Court Reverses ALJ

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

Mississippi District Court Reverses ALJ

February 14, 2017.  Here, a claimant just 54 days shy of his 55th birthday was denied benefits.  The district court found the ALJ erred when he failed to consider the “borderline” age situation that existed, because at 55, with the ALJ’s RFC finding that the claimant could perform “light” work, the claimant’s work history, and education, a finding of “disabled” would be required by law, however, a 54-year-old with the exact same situation would be considered “not disabled”.  The district court further remarked that there was nothing in the ALJ’s decision to even indicate he recognized that a borderline age situation may exist, and that the ALJ was required to consider the claimant’s age at the time of his decision.

OBL Staff