Sufficiency of Evidence

By: Derek Hawkins//September 11, 2017//

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7^th Circuit Court of Appeals

Case Name: Mark Schloesser v. Nancy A. Berryhill

Case No.: 16-1862

Officials: FLAUM, MANION, and WILLIAMS, Circuit Judges

Focus: Sufficiency of Evidence

Schloesser now appeals, arguing that the Appeals Council erred because: (1) it failed to apply SSR 83‐20 in its determination of his onset date; (2) its findings that he did not suffer from severe impairments of cervical radiculopathy, major joint dysfunction, and history of left shoulder surgery were not supported by substantial evidence; and (3) its finding that his residual functional capacity (“RFC”) did not include being off‐task up to 10% of the workday or needing unscheduled breaks was not supported by substantial evidence. We affirm the denial of benefits because we find that SSR 83‐20 was irrelevant to the Appeals Council’s determination and that its findings regarding his impairments and RFC are supported by substantial evidence.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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