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McCAVITT v. KIJAKAZI

No. 20-2727.

6 F.4th 692 (2021)

Joseph McCAVITT, on behalf of N.A.M., a minor, Plaintiff-Appellant, v. Kilolo KIJAKAZI, Acting Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 21, 2021.

Attorney(s) appearing for the Case

Randal Scott Forbes , Attorney, Jason Scott Rodman , Attorney, Forbes Rodman PC, Angola, IN, David L. Henry , Attorney, Tampa, FL, for Plaintiff-Appellant.

Molly E. Donnelly , Attorney, Office of the United States Attorney, South Bend, IN, Leo Rufino Montenegro , Attorney, Social Security Administration, Office of the General Counsel, Baltimore, MD, for Defendant-Appellee.

Before Sykes, Chief Judge, and Easterbrook and Scudder, Circuit Judges.

Disabled children are entitled to benefits from the Social Security Administration, see 42 U.S.C. § 1382c(a)(3)(C), but the determination of disability cannot follow the model used for adult applicants. Benefits for an adult depend on a work history plus current inability to perform a job. A child, by contrast, is...

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