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Minnesota District Court Reverses ALJ

Osterhout Berger Daley > Case Summaries  > Minnesota District Court Reverses ALJ

Minnesota District Court Reverses ALJ

March 20, 2015. In this case, which we handled for another office, the government moved voluntarily to remand the case after our brief was filed. We alleged that the ALJ erred as a matter of law when he failed to consider the fact that the claimant was only four months short of his 55th birthday under the “borderline age situation” rule; noteworthy in this case is that we were able to show that there were significant “vocational adversities” that justified consideration of the borderline age rule. Moreover, we argued that the ALJs mental RFC finding was deficient as a matter of law since it failed to adequately assess the opinions of SSA’s own examining and nonexamining physicians.