Anthony Kaminski v. Nancy Berryhill, No. 17-3314 (7th Cir. 2018)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on July 9, 2018.
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United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 August 30, 2018 Before DANIEL A. MANION, Circuit Judge DAVID F. HAMILTON, Circuit Judge AMY C. BARRETT, Circuit Judge No. 17 3314 ANTHONY KAMINSKI, Plaintiff Appellant, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant Appellee. Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. No. 16 CV 514 Jon E. DeGuilio, 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 remove two words from a sentence of the opinion issued on July 9, 2018. The sentence, which appears on page 9 of the slip opinion, states: “At the fifth step, the burden of proof and persuasion is on the agency.” The Acting Commissioner requests that we remove the two words “and persuasion” so that the sentence at issue reads, “At the fifth step, the burden of proof is on the agency.” The petition for rehearing is GRANTED. The sentence on page 9 of the slip opinion that reads: “At the fifth step, the burden of proof and persuasion is on the agency” is hereby AMENDED to read only “At the fifth step, the burden of proof is on the agency.” In addition, the citation to Maresh v. Barnhart on page 9 is AMENDED to indicate the case was from the Eighth Circuit, so that the citation reads: “Maresh v. Barnhart, 438 F.3d 897, 901 (8th Cir. 2006) . . . .” No separate amended opinion will be issued.
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