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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

April 17, 2015. Here the ALJ had found the claimant’s mental impairments to be “not severe” even though the treating source, the consultative examiner, and the state agency consultant all found mental impairments to be severe and result in at least some mental work limitations, and the district court remanded for further proceedings. Surprisingly, the government defended this case (although, maybe not so surprisingly; my opinion is that they did so because the Western District of North Carolina District Court tends to affirm virtually 100% of the time – – the government’s brief in response to mine was a jumble of evasions and half-truths, rather than anything like a direct response to the actual legal arguments).