Supreme court rules on disability benefits

Story Tools YOUR E-MAIL ALERTS Supreme Court Justice and Rights or Create your own Manage alerts | What is this?

WASHINGTON (Reuters) -- The Supreme Court ruled Wednesday that claimants for Social Security benefits do not qualify as disabled if they can do their previous work, refusing to require a determination about whether the job still exists in significant numbers.

The unanimous ruling written by Justice Antonin Scalia represented a victory for the federal Social Security Administration in an employee benefits disability dispute.

The case involved Pauline Thomas, who worked as an elevator operator until her position was eliminated. Claiming a heart condition and related medical problems, she applied for disability benefits under the Social Security laws.

The agency rejected her application. A federal judge upheld the decision, agreeing with the agency that Thomas could continue to perform her previous job as an elevator operator.

A U.S. appeals court in Philadelphia, Pennsylvania disagreed. It ruled the agency must consider whether the job still exists in significant numbers in the national economy and noted the position of elevator operator "has now entirely vanished."

Scalia said the appeals court was wrong and noted its decision conflicted with the rulings of four other courts.

Under the appeals court ruling, impaired workers in declining or marginal industries who cannot perform other jobs could simply refuse to return to their available jobs and still get disability benefits, he said.

Scalia said the Social Security Administration acted reasonably in its interpretation of the law. The agency will find someone not disabled if they can physically and mentally do their previous work, without investigating whether that job still exists in the nation's economy.

But in the final step in a five-step process to determine benefit eligibility, the agency will consider vocational factors and determine whether the claimant can do other jobs in the national economy.

---

Story Tools		Subscribe to Time for $1.99

CNN/Money: Ex-Tyco CEO found guilty • Killen ordered attack on civil rights worker, jury hears • Father convicted of murdering 9 of his children • Gov. Bush: Prosecutor taking up Schiavo inquiry

CNN/Money: Security alert issued for 40 million credit cards • Bin Laden deputy sends message • U.S. House votes to keep U.N. dues • Iran poll to go to run-off