Anthony Kaminski v. NANCY A. BERRYHILL, Acting Commissioner of Social Security

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
August 30, 2018
Before
DANIEL A. MANION, Circuit Judge
DAVID F. HAMILTON, Circuit Judge
AMY C. BARRETT, Circuit Judge
No. 17‐3314
ANTHONY KAMINSKI,
Plaintiff‐Appellant,
v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant‐Appellee.
Appeal from the United States District
Court for the Northern District of Indiana,
South Bend Division.
No. 16‐CV‐514
Jon E. DeGuilio,
Judge.
O R D E R
The Acting Commissioner of Social Security has filed a petition for panel
rehearing in which she requests that the panel remove two words from a sentence of the
opinion issued on July 9, 2018. The sentence, which appears on page 9 of the slip
opinion, states: “At the fifth step, the burden of proof and persuasion is on the agency.”
The Acting Commissioner requests that we remove the two words “and persuasion” so
that the sentence at issue reads, “At the fifth step, the burden of proof is on the agency.”
The petition for rehearing is GRANTED. The sentence on page 9 of the slip
opinion that reads: “At the fifth step, the burden of proof and persuasion is on the
agency” is hereby AMENDED to read only “At the fifth step, the burden of proof is on
the agency.” In addition, the citation to Maresh v. Barnhart on page 9 is AMENDED to
indicate the case was from the Eighth Circuit, so that the citation reads: “Maresh v.
Barnhart, 438 F.3d 897, 901 (8th Cir. 2006) . . . .” No separate amended opinion will be
issued.

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