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Disability Benefits

By: WISCONSIN LAW JOURNAL STAFF//March 14, 2023//

Disability Benefits

By: WISCONSIN LAW JOURNAL STAFF//March 14, 2023//

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7th Circuit Court of Appeals

Case Name: August Fetting v. Kilolo Kijakazi

Case No.: 22-1901

Officials: Flaum, Scudder, and St. Eve, Circuit Judges.

Focus: Disability Benefits

This case concerns the denial of August Fetting’s application for supplemental security income. An administrative law judge (“ALJ”) found that although Fetting possessed particular physical and mental limitations, he was not disabled under the Social Security Act because he could perform work in certain jobs that existed in significant numbers in the national economy—for example, the work of a cleaner/housekeeper, routing clerk, or marker. Fetting sued in the District Court for the Eastern District of Wisconsin to review the ALJ’s decision, and the court affirmed the denial. On appeal, Fetting raises only one issue: whether substantial evidence supports the ALJ’s finding that a significant number of these jobs exist in the national economy. The vocational expert that testified to Fetting’s ability to perform certain jobs was not able to substantiate the estimates of the number of available jobs.

Affirmed.

Decided 03/09/23

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