United States Fourth Circuit

A return to work prior to the lapse of a 12-month period after onset of disability and prior to the adjudication of disability does not preclude a finding that a claimant is disabled, because 42 USC 423(d)(1)(A) requires an impairment to last for a year, not an inability to engage in substantial gainful activity.

Appellate Information

• Argued 10/30/2000
• Decided 12/18/2000
• Published 12/18/2000

Judges

• Before NIEMEYER and LUTTIG, Circuit Judges, and WILLIAMS, United States District Judge for the District of Maryland, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• Kathryn Lee Pryor,Central Virginia Legal Aid Society, Inc., Richmond, VA, for Appellant.


• For Appellees:
  
• Eric P. Kressman, Assistant Regional Counsel, Office of the General Counsel, Social Security Administration, Philadelphia, PA, for Appellee., ARGUED:  Kathryn Lee Pryor, Central Virginia Legal Aid Society, Inc., Richmond, Virginia, for Appellant.  Eric P. Kressman, Assistant Regional Counsel, Office of the General Counsel, Social Security Administration, Philadelphia, Pennsylvania, for Appellee.   ON BRIEF:  John M. Sacchetti, Regional Chief Counsel, Patricia M. Smith, Deputy Chief, Office of the General Counsel, Social Security Administration, Philadelphia, PA;  Helen F. Fahey, United States Attorney, Debra J. Prillaman, Assistant United States Attorney, Richmond, VA, for Appellee.