United States Sixth Circuit

A decision upholding a denial of social security disability benefits where, on the particular facts of this case, it was procedurally acceptable for the ALJ not to address in his opinion that plaintiff was "borderline" between age groups under 20 C.F.R. section 404.1563(b). There is no per se procedural requirement in section 404.1563(b) to address age categorization explicitly in borderline situations, but a lack of an explanation for arriving at a particular age categorization may in some cases mean that an ALJ's ultimate decision is not supported by sufficient evidence.

Appellate Information

• Decided 11/05/2008
• Published 11/05/2008

Judges

• Before:  MERRITT, MOORE, and ROGERS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  Marc W. Mulder, Clayton, Mulder & Horan, Waterford, Michigan, for Appellant.  Janet Gumm, Social Security Administration, Office of the General Counsel, Chicago, Illinois, for Appellee.