ALJ Error – Disability

By: Derek Hawkins//April 16, 2018//

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7^th Circuit Court of Appeals

Case Name: Rebecca Ann Akin v. Nancy A. Berryhill

Case No.: 17-1802

Officials: BAUER, KANNE, and BARRETT, Circuit Judges

Focus: ALJ Error – Disability

Rebecca Akin, a 47-year-old woman, challenges the denial of her application for Supplemental Security Income. She contends that she became disabled in 2011 principally from fibromyalgia, back and neck pain, and headaches. Akin argues that the administrative law judge made several errors: The ALJ (1) wrongly discounted her allegations of back pain; (2) improperly credited the opinions of agency physicians who had not reviewed all of the medical records, including relevant MRI scans; and (3) ignored her complaints of headaches. These arguments are persuasive, so we VACATE the judgment of the district court and REMAND the case to the agency for proceedings consistent with this opinion.

Vacated and Remanded

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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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