Legal Opinion · Concurrence

Bowen v. Yuckert

Supreme Court of the United States

Decided June 8, 1987No. 85-1409Published

1ConcurrenceJustice O’Connor

The Court is, I believe, entirely correct to find that the “step two” regulation is not facially inconsistent with the Social Security Act’s definition of disability. Title 42 U. S. C. § 423(d)(2)(A) (1982 ed. and Supp. Ill) provides:

“[A]n individual . . . shall be determined to be under a disability 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 his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy.”

Step two on…

2Cases cited16 opinions

  1. Schweiker v. Gray PanthersSupreme Court of the United States · 1981
  2. Jan M. Sexton Salmi v. Secretary of Health and Human ServicesCourt of Appeals for the Sixth Circuit · 1985
  3. Ella McCruter v. Otis R. Bowen, Secretary of Health and Human ServicesCourt of Appeals for the Eleventh Circuit · 1986
  4. Claire McDonald v. Secretary of Health and Human ServicesCourt of Appeals for the First Circuit · 1986
  5. William W. STONE, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health & Human Services, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1985

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