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ALJ Error – Social Security Benefits

By: Derek Hawkins//October 6, 2020//

ALJ Error – Social Security Benefits

By: Derek Hawkins//October 6, 2020//

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7th Circuit Court of Appeals

Case Name: Aaron P. Brace v. Andrew M. Saul

Case No.: 19-2029

Officials: SYKES, Chief Judge, and MANION and KANNE, Circuit Judges.

Focus: ALJ Error – Social Security Benefits

Aaron Brace applied for Social Security disability benefits based on a number of chronic conditions—primarily back and neck pain due to degenerative disc disease. An administrative law judge denied his application after crediting testimony from a vocational expert that jobs are available in significant numbers in the national economy for a person with Brace’s limitations. Brace’s lawyer had asked the vocational expert to explain how he arrived at his job estimates. The expert’s answer was inscrutable. The ALJ accepted his testimony anyway and on that basis rejected Brace’s claim for benefits. That approach does not satisfy the substantial-evidence standard. See Chavez v. Berryhill, 895 F.3d 962, 968–70 (7th Cir. 2018). We reverse and remand to the agency for further proceedings.

Reversed 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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