Cheryl R. Kemplen v. ANDREW M. SAUL, Commissioner of Social Security

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
June 21, 2021
Before
MICHAEL S. KANNE, Circuit Judge
DAVID F. HAMILTON, Circuit Judge
MICHAEL B. BRENNAN, Circuit Judge
No. 20-1651
CHERYL R. KEMPLEN,
Plaintiff-Appellant,
v.
ANDREW M. SAUL,
Commissioner of Social Security
Defendant-Appellee.
Appeal from the United States District
Court for the Southern District of Illinois.
No. 19-cv-549-DGW
Donald G. Wilkerson,
Magistrate Judge.
O R D E R
All members of the panel have voted to grant the petition for rehearing filed on
April 19, 2021, only insofar as the following:
The last sentence of the second full paragraph on page 6 is amended to read:
Subsequent decisions have made clear that the burden is to produce
evidence, not necessarily opinions. See, e.g., Scott v. Astrue, 647 F.3d 734, 741
(7th Cir. 2011) (“If the ALJ found this evidence insufficient, it was her
responsibility to recognize the need for additional medical evaluations.”)
The petition is otherwise denied.

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