U. S. District Court Remand, Vocational Expert Testimony

Written by John Horn. Posted in Blogs

John E. Horn of Horn & Kelley, national leaders in social security disability law who concentrate their practice in Chicagoland and Northwest Indiana, won a Northern District of Illinois Court remand July 1, 2013, for a new hearing in Murray v. Astrue, 10 C 7561.

The Administrative Law Judge (“ALJ”)’s questions to the Vocational Expert at the hearing did not include any reference to mental limitations.  The ALJ found that Plaintiff suffered moderate difficulties in maintaining concentration, persistence or pace.  The Commissioner argued that the ALJ properly accounted for this limitation by limiting Plaintiff to unskilled work.  The Court rejected the Commissioner’s argument, holding that a limitation to unskilled work is no substitute for an assessment of the ability to maintain concentration, persistence and pace.  The matter is remanded to the agency for further proceedings.

Horn & Kelley can win your case at any level, but the earlier you retain us the better!  We have represented clients in social security disability claims in Alabama, Arizona, Florida, Illinois, Indiana, Michigan, Mississippi, Missouri, Tennessee, Texas, and Wisconsin.

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