ALJ Error – Disability

By: Derek Hawkins//May 15, 2018//

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7^th Circuit Court of Appeals

Case Name: Claude C. Britt v. Nancy A. Berryhill

Case No.: 17-2896

Officials: BAUER, EASTERBROOK, and KANNE, Circuit Judges.

Focus: ALJ Error – Disability

Claude Britt, now 55, applied for Disability Insurance Benefits and Supplemental Security Income after a construction crane toppled over and smashed his big toe. An administrative law judge (“ALJ”) granted Britt benefits for the period beginning in March 2013, but denied him benefits for the four-year period immediately preceding that time because he could perform sedentary work. On appeal Britt argues that the ALJ disregarded his testimony about his need to elevate his foot, as well as an orthopedic surgeon’s report about the same, and gave too little weight to an agency doctor’s opinion that he could work for only 3.5 hours in a day. Substantial evidence supports the ALJ’s decision, so we affirm the judgment.

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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