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New York District Court Reverses ALJ

Osterhout Berger Disability Law > Case Summaries  > New York District Court Reverses ALJ

New York District Court Reverses ALJ

May 21, 2015. In this case, on referral from a Texas law firm, we successfully argued essentially that the ALJ erred when he failed to find that the claimant had any mental limitations of his ability to work, even though SSA’s examiner and the underlying evidence was contrary to this finding. This error rippled into to other errors, which was the ALJ’s patently inadequate RFC finding, and his concomitant failure to take testimony from a vocational expert to satisfy his step 5 burden.

OBL Staff