Skip to main content


Reset A A Font size: Print

United States Court of Appeals, Seventh Circuit.

Zachary WINTERS, ON BEHALF OF the ESTATE OF Howard WINTERS, Plaintiff-Appellant, v. Nancy A. BERRYHILL, Deputy Commissioner for Operations, Social Security Administration, Defendant-Appellee.

No. 17-2083

Decided: May 11, 2018

Before DIANE P. WOOD, Chief Judge, DANIEL A. MANION, Circuit Judge, ILANA DIAMOND ROVNER, Circuit Judge Zachary Winters, Pro Se Javitt J. Adili, Attorney, Social Security Administration, Office of the General Counsel, Region V, Chicago, IL, for Defendant-Appellee


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 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.


Copied to clipboard