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STEPHENS v. U.S. R.R. RETIREMENT BD.

No. 11-70649.

704 F.3d 587 (2012)

Samuel P. STEPHENS, Jr., Petitioner, v. U.S. RAILROAD RETIREMENT BOARD, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed November 21, 2012.

Attorney(s) appearing for the Case

David E. Chawes , Seattle, Washington, for petitioner Samuel P. Stephens, Jr.

Michele L. Bopp , Chicago, Illinois, for respondent U.S. Railroad Retirement Board.

Opinion by Judge SCHROEDER; Dissent by Judge M. SMITH.

OPINION

SCHROEDER, Circuit Judge:

This is a relatively rare petition to review a decision of the United States Railroad Retirement Board denying an application for benefits under the Railroad Retirement Act ("RRA"). 45 U.S.C. § 231 et seq. The RRA provides an annuity for disabled children of railroad workers. To qualify for benefits, the child must have been disabled prior to the age of 22 and have remained continuously disabled through the time...

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