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Pennsylvania District Court Reverses ALJ

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

Pennsylvania District Court Reverses ALJ

April 21, 2015. This case turned on the fact that in the Third Circuit SSA has agreed to be bound by these Third Circuit Court of Appeals decision in Sykes v. Commissioner, which held that except in very narrow exceptions, an ALJ must consult a vocational expert in the presence of nonexertional limitations (in this case, postural limitations and partially because of undiscussed mental limitations). Here, the government agreed to remand once advised of the Sykes violation.

OBL Staff