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Supplemental Security Income

By: WISCONSIN LAW JOURNAL STAFF//February 12, 2024//

Supplemental Security Income

By: WISCONSIN LAW JOURNAL STAFF//February 12, 2024//

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7th Circuit Court of Appeals

Case Name: Todd Hess v. Martin J. O’Malley

Case No.: 22-2694

Officials: Ripple, Scudder, and Jackson-Akiwumi, Circuit Judges.

Focus: Supplemental Security Income

Hess sought various benefits from the Social Security Administration, including supplemental security income, disability insurance benefits, and disabled adult child benefits. While his claims for supplemental security income and disability insurance benefits were successful, his application for disabled adult child benefits was denied. To be eligible for disabled adult child benefits, Hess needed to demonstrate a continuous disability from before his 22nd birthday until the time of his benefits application. He contended that his depression, panic disorder, obsessive-compulsive disorder, and other impairments rendered him disabled throughout that entire period.

However, following two hearings, an Administrative Law Judge (ALJ) disagreed, determining that Hess was disabled as of June 9, 2009, but not before that date. The ALJ’s decision rested on gaps in Hess’s treatment records, physicians’ notes, and sporadic work he undertook as an independent contractor. Despite the Appeals Council declining jurisdiction, the district court upheld the ALJ’s decision, finding substantial evidence to support it.


Decided 02/07/24

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