ALJ Review – Disability Benefits

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7^th Circuit Court of Appeals

Case Name: Mike Butler v. Kilolo Kijakazi

Case No.: 20-3187

Officials: EASTERBROOK, ROVNER, and HAMILTON, Circuit Judges.

Focus: ALJ Review – Disability Benefits

Mike Butler sought disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401–433, and that claim for benefits was denied by the Administrative Law Judge (ALJ) following a hearing. The Appeals Council declined to review the denial, and therefore the decision of the ALJ is the final decision for purposes of our review. Varga v. Colvin, 794 F.3d 809, 813 (7th Cir. 2010); 20 C.F.R. §§ 404.955, 404.981. Butler now challenges the ALJ’s determination that he was capable of doing light work with some restrictions, and that a sufficient number of such jobs existed that he could perform. The relevant time period at issue is from the alleged date of disability, November 4, 2015, through the ALJ’s decision on April 19, 2018.

We review de novo the district court’s affirmance of the ALJ’s decision and review directly the decision of the ALJ. Id. The ALJ’s decision will be affirmed if it was supported by substantial evidence, which is “’such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.’” Id., quoting Yurt v. Colvin, 758 F.3d 850, 856 (7th Cir. 2014). “An ALJ need not specifically address every piece of evidence, but must provide a ‘logical bridge’ between the evidence and his conclusions.” Id., quoting O’Connor-Spinner v. Astrue, 627 F.3d 614, 618 (7th Cir. 2010).

On appeal, Butler argues that the ALJ failed to properly apply the grids in denying benefits. He alleges that in determining that Butler could perform three occupations with 136,000 jobs, the ALJ failed to consider that Butler had the additional adverse vocational factor of being a person closely approaching advanced age, in that he was between the ages of 50–54. But that argument is belied by the record. The ALJ quite clearly recognized that Butler was in the category of persons closely approaching advanced age, and in eliciting the testimony from the VE as to jobs that Butler could perform, the ALJ incorporated Butler’s age as one of the characteristics to be considered in making that determination, asking the VE “whether jobs exist in the national economy for an individual with the claimant’s age, education, work experience, and residual functional capacity.” ALJ Decision at 11, App. 25.

Accordingly, we affirm the district court’s judgment and the ALJ’s decision.

Affirmed

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Derek A Hawkins is Corporate Counsel, at Salesforce.