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BARNHART v. THOMAS

No. 02-763.

540 U.S. 20 (2003)

BARNHART, COMMISSIONER OF SOCIAL SECURITY v. THOMAS

Supreme Court of United States.

Decided November 12, 2003.

Attorney(s) appearing for the Case

Jeffrey A. Lamken argued the cause for petitioner. With him on the briefs were Solicitor General Olson, Assistant Attorney General McCallum, Deputy Solicitor General Kneedler, William Kanter, Wendy M. Keats, and Barbara L. Spivak.

Abraham S. Alter argued the cause and filed a brief for respondent.

SCALIA, J., delivered the opinion for a unanimous Court.

JUSTICE SCALIA delivered the opinion of the Court.

Under the Social Security Act, the Social Security Administration (SSA) is authorized to pay disability insurance benefits and Supplemental Security Income to persons who have a "disability." A person qualifies as disabled, and thereby eligible for such benefits, "only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering...

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