Supreme Court Watch
Nov 30, 2005
Follow Similar ProgramsParticipating by telephone, Mr. Schwaneberg spoke about the nomination of Judge Samuel Alito to the U.S. Supreme Court. He discussed the nominee’s rulings on eligibility for Social Security disability benefits, .. Read More
Participating by telephone, Mr. Schwaneberg spoke about the nomination of Judge Samuel Alito to the U.S. Supreme Court. He discussed the nominee’s rulings on eligibility for Social Security disability benefits, including a 2004 case, Barnhart v. Thomas.
In an opinion written by Justice Scalia, the Supreme Court unanimously upheld the Social Security Administration’s practice of declaring a claimant “not disabled” if she can perform her previous job, even if the job no longer exists in the national economy. In so ruling, the Supreme Court reversed the 3rd Circuit’s en banc ruling, by a margin of 7-3, that a claimant’s ability to perform a job that no longer exists in the national economy does not suffice to declare the claimant “not disabled.” Judge Samuel A. Alito Jr. wrote the majority opinion for the en banc 3rd Circuit.
In an opinion written by Justice Scalia, the Supreme Court unanimously upheld the Social Security Administration’s practice of declaring a claimant “not disabled” if she can perform her previous job, even if the job no longer exists in the national economy. In so ruling, the Supreme Court reversed the 3rd Circuit’s en banc ruling, by a margin of 7-3, that a claimant’s ability to perform a job that no longer exists in the national economy does not suffice to declare the claimant “not disabled.” Judge Samuel A. Alito Jr. wrote the majority opinion for the en banc 3rd Circuit.
