Zachary Winters, on behalf of the Estate of Howard Winters v. NANCY A. BERRYHILL, Deputy Commissioner for Operations, Social Security Administration

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,
on behalf of the Estate of Howard
Winters,
Plaintiff‐Appellant,
v.
NANCY A. BERRYHILL,
Deputy Commissioner for Operations,
Social Security Administration,
Defendant‐Appellee.
Appeal from the United States District
Court for the Central District of Illinois.
No. 16‐cv‐1360
Joe Billy McDade,
Judge.
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. A PP. P. 34(a)(2)(C).
NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with Fed. R. App. P. 32.1
NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with Fed. R. App. P. 32.1

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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. A PP. 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

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