SMITH v. BARNHART

No. 03-3498.

388 F.3d 251 (2004)

Dollie SMITH, Plaintiff-Appellant, v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 26, 2004.


Attorney(s) appearing for the Case

Barry A. Schultz (argued), Evanston, IL, for Plaintiff-Appellant.

Karen L. Sayon (argued), Social Security Admin., Office of General Counsel, Chicago, IL, for Defendant-Appellee.

Before POSNER, KANNE, and EVANS, Circuit Judges.


POSNER, Circuit Judge.

Under the rules governing social security disability benefits, an applicant who can perform his "past relevant work" (defined as substantial gainful employment that he had performed, in the not too remote past, long enough to have learned how to do it, 20 C.F.R. §§ 404.1560(b)(1), 404.1565(a)) is disentitled to benefits. §§ 404.1520(f), 404.1560(b)(3); Wolfe v. Shalala, 997 F.2d 321

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