ALJ Error – Disability Benefits

By: Derek Hawkins//April 1, 2019//

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7^th Circuit Court of Appeals

Case Name: Debara DeCamp v. Nancy A. Berryhill

Case No.: 18-2105

Officials: WOOD, Chief Judge, KANNE, and ST. EVE, Circuit Judges.

Focus: ALJ Error – Disability Benefits

Debara DeCamp, a 55-year old woman, challenges the denial of her applications for Disability Insurance Benefits and Supplemental Security Income, in which she claimed disability based on a benign brain tumor, neck and back issues, and bipolar disorder. DeCamp argues that the administrative law judge erred by failing to (1) evaluate properly DeCamp’s limits with concentration, persistence, or pace, (2) support her decision to limit DeCamp to 10 percent off-task time for purposes of assessing residual functional capacity (“RFC”), and (3) support her adverse credibility determination. We agree that the ALJ did not properly address DeCamp’s limitations in concentration, persistence, or pace, and on that basis we remand.

Vacated and remanded

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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.

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