NEW Appellate Alert!
Osterhout Berger Daley, LLC
Merging paths, elevating services. One case at a time.
OBD successfully argued that the ALJ improperly rejected the opinion of its own medical expert based on the expert’s credentials.
We argued in the brief that the medical expert’s qualifications were not in dispute and that the opinion contained limitations that were work preclusive. We further argued that our client’s self-described limitations were consistent with the opinion evidence of record.
After oral argument, the Court found that the opinion evidence evaluation was improper and on remand, the ALJ should provide a thorough review of the evidence of record and issue a new decision.