Social Security Disability Insurance Benefits

Listen to this article

7^th Circuit Court of Appeals

Case Name: Erik Bertaud v. Martin J. O’Malley

Case No.: 22-3084

Officials: Easterbrook, Hamilton and Brennan, Circuit Judges.

Focus: Social Security Disability Insurance Benefits

Bertaud, who sustained severe injuries from a falling tree branch, applied for disability insurance benefits and supplemental security income from the Social Security Administration. Despite appealing the initial denial, Bertaud faced subsequent rejections through two remands by the Appeals Council. After the third denial, Bertaud’s request for review was turned down, solidifying the Administrative Law Judge’s (ALJ) decision as the Commissioner’s final determination. Seeking judicial review, Bertaud contended that the ALJ had neglected to adequately develop the record of his disability, pointing to over 800 pages of new medical evidence. The district court rejected Bertaud’s motion for summary judgment, upholding the Commissioner’s decision. Subsequently, Bertaud appealed.

The court acknowledged the ALJ’s duty to construct a comprehensive and impartial record but emphasized that this responsibility is tempered when the claimant is legally represented. Noting that Bertaud had legal representation, and his attorney had affirmed the completeness of the evidence while supplementing the record when necessary, the court concluded that the ALJ did not neglect the development of Bertaud’s medical record.

Affirmed.

Decided 12/21/23

Full Text