Alejandro Moreno v. NANCY BERRYHILL, Acting Commissioner of Social Security

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
April 13, 2018
Before
WILLIAM J. BAUER, Circuit Judge
KENNETH F. RIPPLE, Circuit Judge
DIANE S. SYKES, Circuit Judge
No. 17‐1954
ALEJANDRO MORENO,
Plaintiff‐Appellant,
v.
NANCY BERRYHILL,
Acting Commissioner of Social Security,
Defendant‐Appellee.
Appeal from the United States District
Court for the Northern District of
Illinois, Eastern Division.
No. 1:15‐cv‐11168
Sidney I. Schenkier, Magistrate 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 delete one sentence of the opinion issued
on February 16, 2018. The sentence, which appears on page 13 of the slip opinion,
states: “We have made clear, however, that ALJs are not qualified to evaluate medical
records themselves, but must rely on expert opinions.” The Acting Commissioner
suggests that, when severed from its factual context, the sentence could be read as
holding that ALJs are forbidden in all circumstances from independently evaluating
medical records. She therefore requests that we substitute the following, more tailored
language: “That assessment was not justified under the circumstances of this case.”

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No. 17‐1954 Page 2
The petition is granted. The sentence suggested by the Acting Secretary will be
substituted as requested and is reflected in the attached amended opinion.

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