ALJ Error – Disability Benefits

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7^th Circuit Court of Appeals

Case Name: Michael Edward Reinaas v. Andrew M. Saul

Case No.: 19-1985

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

Focus: ALJ Error – Disability Benefits

Michael Reinaas seeks Social Security disability benefits, asserting that he became disabled from neck and shoulder pain in January 2013 after undergoing right shoulder surgery. Relying on reports by two non‐examining state‐retained doctors over a treating physician’s opinion, the administrative law judge found that Reinaas’s subjective descriptions of his pain and functional limitations were not credible and determined that he was not disabled because he could still perform light work with some restrictions. The district court upheld that determination. But substantial evidence does not support the ALJ’s decision to discount the treating physician’s opinion, and the ALJ did not adequately evaluate his subjective complaints. We therefore vacate the judgment and remand for further proceedings.

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.