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Claimant Awarded $180,000 following Federal Court Remand

Osterhout Berger Daley > Case Summaries  > Claimant Awarded $180,000 following Federal Court Remand

Claimant Awarded $180,000 following Federal Court Remand

In this case, which I inherited after the claimant’s previous attorney discharged her, we successfully argued before a West Virginia district court that the ALJ had failed in numerous respects, including a failure to follow the agency’s protocol for evaluating pain cases (which, ironically, had its genesis to a great extent in several Fourth Circuit decisions in the 90s); failure to appropriately evaluate the opinion evidence which, in this case included several well-crafted treating source opinions, as well as two consultative examiners whose opinions generally supported the claimant’s claim. Because it seemed like every delay that could occur in a case occurred in this lady’s case, by the time we were before the ALJ on remand it had been six years, the claimant was a high earner and had two beneficiaries, resulting in the significant amount of pass to benefit she was awarded following the remand hearing.