ALJ Error – Disability Benefits

By: Derek Hawkins//June 10, 2019//

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7^th Circuit Court of Appeals

Case Name: Christopher Jozefyk v. Nancy A. Berryhill

Case No.: 18-1898

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

Focus: ALJ Error – Disability Benefits

Christopher Jozefyk applied for Disability Insurance Benefits and Supplemental Security Income, claiming disability based on several physical and mental conditions, including degenerative changes in his cervical spine, lumbar strain, obesity, affective disorder, and anxiety disorder. An Administrative Law Judge denied benefits, and the district court concluded that substantial evidence supported the ALJ’s decision. Jozefyk raises two arguments on appeal: (1) the ALJ did not establish a valid waiver of attorney representation before allowing Jozefyk to proceed pro se at the hearing, and (2) the residual functional capacity finding did not account for Jozefyk’s moderate limitations in concentration, persistence, or pace. Because the record does not substantiate either argument, we affirm.

Affirmed

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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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