By: WISCONSIN LAW JOURNAL STAFF//November 29, 2010//
Public Health
Disability benefits
Where the ALJ failed to include the limitations of a disability claimant in a hypothetical question to a vocational expert, the denial of benefits must be reversed.
“We acknowledge that there may be instances where a lapse on the part of the ALJ in framing the hypothetical will not result in a remand. Yet, for most cases, the ALJ should refer expressly to limitations on concentration, persistence and pace in the hypothetical in order to focus the VE’s attention on these limitations and assure reviewing courts that the VE’s testimony constitutes substantial evidence of the jobs a claimant can do. In this case, a remand is required.”
Reversed and Remanded.
09-4083 O’Connor-Spinner v. Astrue
Appeal from the United States District Court for the Southern District of Indiana, Hamilton, J., Ripple, J.