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Texas District Court Reverses ALJ

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

Texas District Court Reverses ALJ

May 19, 2015. In this case, on referral from a law firm in Texas, we successfully argued (with the government agreeing and moving for voluntary remand) that the ALJ erred first by failing to note that the claimant’s age category had changed shortly before his date last insured, a change which required an award of benefits pursuant to the Medical Vocational Guidelines applicable to claimant’s age 55+. With respect to the pre-55 period, the government at least facially agreed with our argument that the ALJ had failed to appropriately consider treating source evidence consistent with 404.1527 and the Fifth Circuit’s decision in Newton v. Apfel.