Smith v. United States Railroad Retirement Board

POLITZ, Chief Judge:

Thomas M. Smith petitions for review of the decision of the Railroad Retirement Board affirming a hearing officer’s finding that Smith is not entitled to an annuity because he is not disabled from all regular employment. For the reasons assigned we grant the petition for review, reverse the Board’s decision, and remand for a setting of the proper annuity and such other relief as may be appropriate.

Background

Smith worked for Southern Pacific Railroad as a railway car inspector from June 1974 until October 1991, inspecting rail ears and performing heavy maintenance. He left…