ALJ Error – Disability Benefits

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7^th Circuit Court of Appeals

Case Name: Michelle Jeske v. Andrew M. Saul

Case No.: 19-1870

Officials: KANNE, SYKES, and BARRETT, Circuit Judges.

Focus: ALJ Error – Disability Benefits

On Halloween 2012, Michelle Jeske was working at a cemetery as a pallbearer and burial needs salesperson. She was carrying a heavy casket when she stumbled, injuring her back. About four years later, she applied for disability insurance benefits and supplemental security income based on disability; she claimed that back and spine problems, anxiety, depression, and suicidal tendencies made her unable to work.

The Commissioner of Social Security denied Jeske’s requests, and, after a hearing, an administrative law judge (“ALJ”) found Jeske not disabled under the Social Security Act, see 42 U.S.C. §§ 423(d), 1382c(3). Seeking judicial review, Jeske asked a federal district court to set aside the administrative decision. The court upheld the decision instead, and Jeske appealed. She argues that, for a handful of reasons, we should vacate and remand with instructions to return the case to the agency.

Because the ALJ’s decision applies the proper standards, is supported by substantial evidence, and is sufficiently explained—and because Jeske waived one of her arguments— 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.