ALJ Error – Disability Benefits

Listen to this article

7^th Circuit Court of Appeals

Case Name: Shannon E. McHenry v. Nancy A. Berryhill

Case No.: 18-1691

Officials: BAUER, KANNE, and ST. EVE, Circuit Judges.

Focus: ALJ Error – Disability Benefits

Shannon E. McHenry, a 49-year-old former hair stylist who suffers from a host of medical problems (both physical and mental), challenged the denial of her application for Social Security disability benefits. An Administrative Law Judge (ALJ) denied her application for disability insurance benefits after finding that, although she suffers from degenerative disc disease and fibromyalgia, she lacked sufficient medical evidence that the conditions were disabling, and that she was not credible about her limitations. The district court upheld the ALJ’s decision. McHenry now appeals, contending that the ALJ erred by failing to have a medical expert review a consequential MRI report, by not accounting for McHenry’s mental or social limitations in her Residual Functional Capacity (RFC), and by discounting McHenry’s credibility. Because we agree with McHenry that the ALJ should have acquired a medical expert to review a consequential MRI report, we vacate the judgment and remand for further proceedings.

Vacated and Remanded

Full Text

Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.