Supreme Court Watch

Participating by telephone, Mr. Schwaneberg spoke about the nomination of Judge Samuel Alito to the U.S. Supreme Court. He… 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. close

*The transcript for this program was compiled from uncorrected Closed Captioning.

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Supreme Court Watch

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Program ID:
190102-4
Category:
Call-In
Format:
Call-In
Location:
Washington, District of Columbia, United States
First Aired:
Nov 30, 2005

Airing Details

  • Nov 30, 2005 | 8:31am EST | C-SPAN 1
  • Nov 30, 2005 | 10:54am EST | C-SPAN 1
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