Zachary Winters v. Nancy Berryhill

U.S. Court of Appeals for the Seventh Circuit
Per Curiam

Zachary Winters v. Nancy Berryhill

Opinion

NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1

United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604

Submitted May 11, 2018* Decided May 11, 2018

Before

DIANE P. WOOD, Chief Judge

DANIEL A. MANION, Circuit Judge

ILANA DIAMOND ROVNER, Circuit Judge

No. 17‐2083

ZACHARY WINTERS, Appeal from the United States District on behalf of the Estate of Howard Court for the Central District of Illinois. Winters, Plaintiff‐Appellant, No. 16‐cv‐1360

v. Joe Billy McDade, Judge. NANCY A. BERRYHILL,

Deputy Commissioner for Operations, Social Security Administration, Defendant‐Appellee.

O R D E R

Zachary Winters brings this appeal on behalf of his deceased father, Howard Winters, who before his death had applied for Disability Insurance Benefits and Supplemental Security Income based on his hypertension, diabetes, and learning

* We have agreed to decide this case without oral argument because the briefs

and record adequately present the facts and legal arguments, and oral argument would not significantly aid the court. See FED. R. APP. P. 34(a)(2)(C). No. 17‐2083 Page 2

disorder. An administrative law judge determined that Howard was not disabled between his alleged onset date in early 2013 and his death in mid‐2014 because the income he earned during this period (nearly $30,000) exceeded the regulatory limits for benefit eligibility. See 20 C.F.R. § 404.1574(b)(2). The Appeals Council later denied Zachary’s request for review, and the district court upheld the Commissioner’s decision.

On appeal Zachary does not address the district judge’s reasoning or make any cogent legal argument that could provide a basis for disturbing the judgment. See FED. R. APP. P. 28(a)(8); Anderson v. Hardman, 241 F.3d 544, 545–46 (7th Cir. 2001). Regardless, we agree with the ALJ that Howard’s roughly $30,000 in earnings exceeded the agency’s threshold for substantial gainful activity (less than $1,040 per month in 2013 and less than $1,070 per month in 2014). See 20 C.F.R. § 404.1574(a)(1), (b)(2). Substantial evidence supports the ALJ’s finding that Howard worked consistently between his alleged onset date and the date of his death.

AFFIRMED

Reference

Status
Unpublished