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Wisconsin District Court Reverses ALJ

Osterhout Berger Daley Law > Case Summaries  > Wisconsin District Court Reverses ALJ

Wisconsin District Court Reverses ALJ

August 14, 2015. Here, the claimant suffered from mental impairments that prevented her from productive at work, as she would be off-task for a significant portion of the day. The ALJ issued an unfavorable decision stating that the claimant would be able to find suitable positions that allowed her to be off-task 10% of the day, as testified to by the vocational expert (the expert also testified that there are no jobs that would allow an employee to be off-task more than 10% of the day). The ALJ did not explain how he came to this arbitrary and convenient percentage, and the District Court remanded for further proceedings.