Stephens, Jr. v. U.S Railroad Retirement Board, No. 11-70649 (9th Cir. 2012)
Annotate this CasePetitioner petitioned for review of the Board's denial of an application for benefits under the Railroad Retirement Act (RRA), 45 U.S.C. 231 et seq. The court held that short periods of temporary employment, inadequately performed, did not constitute substantial gainful employment that would disqualify a claimant for benefits. The court further held that when considering the RRA'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. Accordingly, the court concluded that petitioner was entitled to benefits.
Court Description: Railroad Retirement Act. The panel reversed a decision of the United States Railroad Retirement Board that denied an application for benefits under the Railroad Retirement Act, and remanded for further proceedings. The Railroad Retirement Act provides an annuity for disabled children of railroad workers, and the Board ruled 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. The panel held that short periods of temporary employment, inadequately performed, do not constitute substantial gainful employment that would disqualify a claimant for benefits. The panel further held that when considering the Railroad Retirement 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. The panel concluded that claimant was entitled to benefits. Judge M. Smith dissented. Judge Smith wrote that because the Board’s decision is supported by substantial evidence, is not arbitrary, and has a reasonable basis in law, it must be upheld.
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