Erik Bertaud v. Martin J. O'Malley, 88 F.4th 1242

Erik D. Bertaud was injured in 2013 when a tree branch fell on his head, prompting him to file for Social Security disability benefits.
Bertaud was represented by an attorney throughout his applications and appeals with the Social Security Administration (SSA).
After multiple denials and remands, the ALJ denied Bertaud's claim for disability benefits a third time in 2020.
Bertaud appealed to the district court, arguing the ALJ failed to adequately develop his medical record, presenting over 800 pages of additional medical evidence as support.
The district court ruled in favor of the Commissioner, finding that the ALJ met their duty, as Bertaud’s attorney confirmed the record was complete.
Bertaud appealed to the Seventh Circuit, seeking review of whether the ALJ failed their duty to develop the record.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the ALJ failed to develop the record by not seeking additional medical evidence	ALJ should have filled gaps in record, especially given existence of more medical evidence	Plaintiff was represented by counsel, who confirmed record was complete, so ALJ's duty was limited	ALJ's limited duty was fulfilled; no breach, decision affirmed

Skinner v. Astrue, 478 F.3d 836 (7th Cir. 2007) (ALJ's duty to develop the record is lowered when claimant is represented by counsel)
Jozefyk v. Berryhill, 923 F.3d 492 (7th Cir. 2019) (ALJ not required to investigate all possible disabilities when claimant is represented)
Nelms v. Astrue, 553 F.3d 1093 (7th Cir. 2009) (reviewing court defers to ALJ on sufficiency of evidence gathered)
Ray v. Bowen, 843 F.2d 998 (7th Cir. 1988) (ALJ can presume represented claimant is making the best case)
Flener ex rel. Flener v. Barnhart, 361 F.3d 442 (7th Cir. 2004) (no error when ALJ finds enough evidence to rule, even if more could be gathered)
Smith v. Sec'y of Health, Ed. & Welfare, 587 F.2d 857 (7th Cir. 1978) (ALJ has heightened duty to develop record for unrepresented claimants)