ALJ's Failure to Consider Stipulated Evidence Harmless, Denies Benefits

A South Dakota administrative law judge's decision is still valid despite his "harmless" failure to consider stipulated evidence, according to a decision by the state Supreme Court.The high court's decision rested primarily upon whether an administrative law judge's failure to consider six stipulated South Dakota Retirement System physician evaluation forms constituted a reversible error. The court ruled that the judge's mistake was not a reversible error, and affirmed the judgment against the claimant. The case name is Gerlach v. State of South Dakota, No. 24608, 3/26/08.The c...