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North Carolina District Court Reverses ALJ

Osterhout Berger Daley > Case Summaries  > North Carolina District Court Reverses ALJ

North Carolina District Court Reverses ALJ

May 28, 2015. In this case, on referral from a national Social Security representative group, we personally appeared at oral argument before the District Court in Raleigh, North Carolina and successfully argued that the ALJ had failed, generally, in not incorporating concentration persistence and pace deficits he himself found to exist in his decision into the RFC finding. Moreover, the Fourth Circuit recently ruled in Mascio v. Colvin that it was adopting the rule of the Eleventh Circuit in Winschell v. Commissioner that an ALJ’s finding of moderate limitation of concentration, persistence and pace is not captured by an RFC finding for “unskilled work”.