United States Ninth Circuit

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Stephens v. U.S. Railroad Retirement Bd., 11-70649

The United States Railroad Retirement Board's denial of a petitioner's application for benefits under the Railroad Retirement Act, (Act) on the ground that claimant did not qualify for benefits because during three out of the 30 years preceding his application, he worked at three menial jobs which constituted gainful employment that disqualified him from eligibility, is reversed and remanded where: 1) the short periods of temporary employment, inadequately performed, do not constitute substantial gainful employment that would disqualify a claimant for benefits; and 2) when considering the Act's requirement of continuous disability, the court must look to the history of the claimant's disability and the claimant's success or lack thereof in sustaining meaningful employment.

Appellate Information

  • Decided 11/21/2012
  • Published 11/21/2012

Judges

  • Schroeder

Court

  • United States Ninth Circuit

Counsel