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Oregon District Court Reverses ALJ

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

Oregon District Court Reverses ALJ

August 12, 2016.  A claimant who suffered lumbar spine degenerative disc disease with pain, among other things, was denied benefits, in part because the ALJ found the claimant was not credible.  The district court reversed, finding that the claimant’s exemplary 21 year work history, coupled with her consistent statements of severe pain and discomfort throughout the record proved she was not malingering.  The district court held that the ALJ was required to consider this evidence, particularly the fact that the claimant even attempted to return to work, asking her doctor for his approval  after being placed on mandated bed rest.